Judge Dismisses One of Two Fraud Claims that West and Zampella Had on Activision

Posted by at 7:12 am on March 6, 2012

The Activision-EA trial over the dismissal of former Infinity Ward execs Jason West and Vince Zampella took another step closer to trial Monday.

State Superior Court Judge Elihu Berle dismissed one of two fraud claims that West and Zampella made in their suit. A fraudulent-inducement claim was dismissed but Berle let stand a claim for promissory fraud. In that claim, West and Zampella said that Activision made false promises when they were considering leaving the publisher when their contracts expired in October 2008 and before they created Call of Duty: Modern Warfare 2.

Activision never intended to honor the contract for bonuses and creative authority, the two argue, and entered as evidence testimony from an Activision executive. “The jury is going to hear that claim and draw their own conclusions,” says attorney Robert Schwartz, who is representing the duo.

West and Zampella filed suit against Activision after they were dismissed in March 2010, alleging that the publisher fired them weeks before they were due royalty payments for their work on 2009’s Call of Duty: Modern Warfare 2. They are seeking $36 million and the rights to all games with the Modern Warfare brand.

The court has set a May 7, 2012 trial date for the case.

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