A State Superior Court judge ruled on two claims made by Jason West and Vincent Zampella, creators of Call of Duty: Modern Warfare 2, today. It was a split decision: One claim was shot down. They other will go forward.
State Superior Court Judge Elihu Berle sided with Activision and agreed that a "fraudulent-inducement" claim made by West and Zampella, shouldn’t go forward. He let stand a claim for promissory fraud.
For those in the dark on the lawsuit, you can catch up with our Fall of Duty stories, but here's the short version:
- After an internal investigation that turned up alleged violations of insubordination and breaches of contract, Activision terminated West and Zampella.
- West and Zampella filed suit that their wrongful termination cost them over a hundred million dollars in CoD royalties. Activision countersued the pair, painting a picture of the duo being "Motivated by envy and personal greed..."
- Additionally, Activision added Electronic Arts as a co-defendent to their countersuit, claiming $400 million dollars in damages due to alleged tampering by EA's top executives.
- In March, Activision was found to have had sufficient claims against Electronic Arts.
A trial on all remaining claims is scheduled for May 7.