The lawsuit over Aliens: Colonial Marines is no longer class action, and no longer includes Gearbox

gearbox escapes aliens colonial marines lawsuit
Sometimes the dissonance between a game’s pre-release hype and the final product is so great that fans can get quite upset. And sometimes they get so upset that they decide to take legal action. That’s what happened in the case of Aliens: Colonial Marineswhen in 2013 two disappointed gamers sued developer Gearbox Software and publisher Sega for falsely advertising the game with deceptive trade show demonstrations.

In a new development on the case, the plaintiffs agreed to drop Gearbox from the suit, focusing instead on just Sega, according to court documents obtained by Polygon. A judge has also ruled that the suit can no longer be class action, and instead only pertains to the original two claimants who filed the suit through Edelson LLC in the Northern District of California in April, 2013.

The suit was almost resolved in August 2014 when Sega and the plaintiffs reached a tentative settlement of $1.25 million, to be paid out to people who had purchased the game prior to February 13, 2013. Gearbox was asked to pay an additional $750,000 into the settlement, but instead filed a motion to have the case thrown out, arguing the blame should fall on Sega, who had final say on the game and its promotion, whereas Gearbox was just a contractor. Needless to say, Sega was not especially pleased about being thrown under the bus.

Sega and Gearbox squabbled until May 12, 2015 when District Judge James Donato ruled on the class action and Gearbox’s dismissal motion. Donato denied the class action certification because of how hard it would be to define the class of gamers who had been deceived by the advertising without relying on self-reporting, which Donato found insufficient. He also ruled against Gearbox’s motion to dismiss the case.

However, in a subsequent meeting with the plaintiffs, they agreed to drop the suit against Gearbox in exchange for not seeking legal fees. Although the exact reasons the plaintiff has for dropping Gearbox from the lawsuit are not clear, it seems likely that the developer’s lack of interest in settling, combined with the loss of class action status, has led the plaintiffs to focus on renegotiating a settlement with just Sega. The plaintiffs have until June 3 to inform the court how they wish to proceed with Sega.

Aliens: Colonial Marines was released in February 2013 to pretty scathing reviews, including our own. The game was a buggy, tedious mess that looked substantially worse than early public demonstrations that were supposedly representative of actual gameplay. Kotaku wrote an excellent overview of  what went wrong with the game’s development.

News

Tetris Effect, no longer a PS4 exclusive, hits Epic Games Store with VR support

Originally a PS4 exclusive, Tetris Effect is coming to PC gamers and can be purchased on the Epic Games Store. It will feature support for VR, ultrawide monitors, and 4K or above resolution.
Gaming

Your PlayStation 4 game library isn't complete without these games

Looking for the best PS4 games out there? Out of the massive crop of titles available, we selected the best you should buy. No matter what your genre of choice may be, there's something here for you.
Gaming

These are the must-have games that every Xbox One owner needs

More than four years into its life span, Microsoft's latest console is finally coming into its own. From Cuphead to Halo 5, the best Xbox One games offer something for players of every type.
Cars

Manual vs. automatic vs. CVT: Different types of transmissions explained

From automatic to manual to CVT, there are several types of transmissions in the automotive world. In the battle of automatic versus manual, which wins? We'll help you pick the right gearbox for you.
Computing

The Keystone keyboard powers your typing or gaming with built-in A.I.

A new keyboard from Input Club, called Keystone, aims to improve consumer's typing response and accuracy by including an adaptive A.I. process in the hardware. By finding patterns in typists' behavior, it adapts for greater efficiency.
Gaming

These Xbox One exclusives are the definition of quality over quantity

Xbox One has a prestigious collection of handpicked titles that you can't play on other consoles. Here are the latest and greatest Xbox One exclusives, including some that are also available on PC
Gaming

Law firm files class-action lawsuit over Nintendo Switch Joy-Con drifting issue

A class-action lawsuit has been filed over the Joy-Con drifting issue of the Nintendo Switch. The lawsuit alleges that the joysticks on the Joy-Cons are defective, resulting in the controllers registering movement even without player input.
Gaming

Wage war on a budget with these fun and free first-person shooters

We all know about Halo and Call of Duty by now, but what about quality titles that won't cost you upward of $60? Check out our picks for the best free first-person shooter games from Paladins to Quake Champions.
Gaming

Get Nindie with it and check out these awesome indie games for the Switch

The Nintendo Switch's portability makes indies feel at home on the platform. Luckily, there are plenty of great titles to choose from. Here are our picks for the best Nintendo Switch indie games.
Gaming

Respawn against Apex Legends players using keyboard and mouse on consoles

Respawn said that it does not condone players using keyboard and mouse in Apex Legends on consoles. Some players believe that the alternate input device gives too much of an advantage over players using controllers.
Gaming

Blizzard teases Overwatch hero 31, but name and image may have already leaked

Blizzard teased hero 31 of Overwatch through a faux Developer Update that featured a wormhole and several complicated equations. However, the new character's name and image may have already been leaked.
Gaming

Be forewarned, these free MMORPGs will slay your spare time

Have ample time on your hands and an unquenchable thirst to beat, battle, and blast your way through worlds of fantasy and sci-fi splendor? Check out our picks for the best free MMORPGs.
Buying Guides

The PS4 has great exclusives, but which ones should you get? Here are the best

The PlayStation 4's game library and an incredible selection of exclusive games could make anyone with an Xbox One or Nintendo Switch think twice. Here's our list of the latest and greatest PS4 exclusives.
Gaming

These awesome free-to-play games might be even better than the ones you paid for

Believe it or not, free-to-play games have evolved into engaging, enjoyable experiences. Here are a few of our favorites that you can play right now, including Warframe and the perennially popular League of Legends.