Keller v. Electronic Arts

Case # 09-cv-01967
Case Name Keller v. Electronic Arts
Jurisdiction US District Court for N.D. CA
Summary

Lawsuit contends that the NCAA and its business partners, including Electronic Arts (a video game manufacturer) were able to enrich themselves through the use of the names, images, and likenesses of current and former student athletes.  The student athletes themselves were not compensated for the use of their identity, under the guise of being "amateurs."  Lawsuit seeks an end to these practices, as well as compensation for current and former student athletes for the improper use of their identities.

Final Approval Date 08/19/2015
Result
  1. Final Approval granted.
  2. All objections were found to be without merit and were overruled.
  3. Objector Harris (through Attorney Kron) appealed the Final Approval.
  4. The Court granted a $5,000 appeal bond, but declined to grant costs.
  5. Appeal is ongoing.
Dismissal of Last Appeal ongoing
Attachments Docket Report.pdf
Third Consolidated Amended Class Action Complaint.pdf
Preliminary Approval Order.pdf
Plaintiff's Response to Objections.pdf
Final Judgment.pdf
Final Approval Order.pdf
Motion for Appeal Bond.pdf
Motion to Expedite Appeal Bond.pdf
Order Granting Motion to Expedite Appeal Bond.pdf
Order Granting In Part Motion for Appeal Bond.pdf
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Objection of Nathan Harris

Objectors Nathan Harris
Signers Scott A. Kron
Attorneys Scott A. Kron
Summary
  1. Release is overbroad.
  2. Relief is insufficient.
    • Claims are released against the NCAA in exchange for relief related exclusively to Electronic Arts-branded video games.
  3. Attorneys' fees are excessive.
  4. Notice and administration costs should not be considered a benefit to the class.

NOTE:  Class counsel attempted to confer with Attorney Kron, for the purposes of resolving the appeal bond.  Attorney Kron became agitated and repeatedly directed profanity towards the settlement and towards class counsel personally (see First Declaration in Support of Sanctions).  Attorney Kron has argued that this is a misrepresentation of his words and an attempt to intimidate him.  He claims that threats of "blowback" from class counsel have caused him to take extra precautions for his physical safety.  Class counsel's account of the phone call and language of Attorney Kron is supported by the Third-Sixth Declarations in Support.

Attachments Objection of Nathan Harris.pdf
Appeal of Objector Harris.pdf
Response to Motion for Appeal Bond.pdf
Motion for Sanctions Against Objector Harris' Counsel.pdf
First Declaration in Support of Motion for Sanctions Against Objector Harris' Counsel.pdf
Second Declaration in Support of Motion for Sanctions Against Objector Harris' Counsel.pdf
Response to Motion for Sanctions Against Objector Harris' Counsel.pdf
Reply to Response to Motion for Sanctions Against Objector Harris' Counsel.pdf
Third Declaration in Support of Motion for Sanctions Against Objector Harris' Counsel.pdf
Fourth Declaration in Support of Motion for Sanctions Against Objector Harris' Counsel.pdf
Fifth Declaration in Support of Motion for Sanctions Against Objector Harris' Counsel.pdf
Sixth Declaration in Support of Motion for Sanctions Against Objector Harris' Counsel.pdf
Emails Regarding Objector Payment.pdf
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