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Take-Two Denied Class Action Dismissal
by Brandon Boyer [PC, Console/PC]
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October 27, 2006
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A Manhattan federal judge has denied a motion brought forth by publisher Take Two to dismiss class action suits forming in five states over Grand Theft Auto's 'Hot Coffee' mod.
The July 2005 suit was originally filed by Bronx, NY grandmother Florence Cohen, seeking a refund for the copy of Grand Theft Auto: San Andreas she purchased for her grandson, before discovering after the "Hot Coffee" incident that the game contained the now-infamous sex minigame.
Similar suits were then brought in four additional states, which Cohen's lawyers have consolidated in the Manhattan court, and have moved to be elevated into a class-action suit which would cover all 50 US states.
According to a Reuters report, publisher Take Two and developer Rockstar have argued before the court to dismiss the class action status, and to limit suits to be filed only in the state in which the original buyers resided.
Yesterday, in a decision from presiding Judge Shirley Wohl Kram, Take Two's motion was denied, with Judge Kram writing, "If class certification is granted, the court will have the benefit of a well-defined class and a more fully developed treatment of potential choice of law questions," according to Reuters.
A final judgment from Kram on the class-action status has yet to be decided.
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