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Consumer Law
Unfair Business Practices
Fraud

Henry Garcia, on behalf of himself and all others similarly situated v. Sony Computer Entertainment America LLC, Activision Blizzard Inc.

Published: Jun. 23, 2012 | Result Date: May 8, 2012 | Filing Date: Jan. 1, 1900 |

Case number: 3:2011-cv-02246 Bench Decision –  Dismissal

Court

USDC Northern


Attorneys

Plaintiff

Gayle M. Blatt
(Casey, Gerry, Schenk, Francavilla, Blatt & Penfield LLP)

Thomas J. O'Reardon II
(Blood, Hurst & O'Reardon LLP)

Frederick Schenk
(CaseyGerry)

Timothy G. Blood
(Blood, Hurst & O'Reardon LLP)


Defendant

Carter W. Ott

Joseph Collins


Facts

Henry Garcia filed suit against Sony Computer Entertainment America LLC, alleging that two "Call of Duty" video games caused older versions of the Playstation 3 to overheat. Garcia argued that the normal and intended use of the games overtaxed the computational capacities of first-generation PS3 models, prompting their graphical processor units to overheat and fail.

Result

The court dismissed Garcia's case, finding that he did not state a plausible claim.


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