The "Fall of Duty" lawsuit that pits Electronic Arts and ex-Infinity Ward heads Jason West and Vince Zampella against game publisher Activision will continue, according to California Superior Court Judge Elihu Berle. Berle ruled that Activision provided enough evidence to allow its $400 million lawsuit against EA to go forward.
Activision's suit alleges that Zampella and West conspired with EA to help Battlefield: Bad Company 2 at the expense of Activision's Call of Duty: Modern Warfare 2. Jeff Brown, a spokesperson for EA, said that the publisher had never spoken to West and Zampella before their newly formed Respawn Studios signed up with its EA.
Calling Activision's case "conclusionary allegation," EA moved to have the suit thrown out. Judge Berle disagreed, basically ruling that although he wasn't speaking on the merits of the case, he does think there is enough information to let the the $400 million lawsuit proceed.
Source: Game Politics