Mia Mason, 371 Monticello Ct., Glen Burnie, Maryland 21061, Baltimore County, individually, and on behalf of all others similarly situated v. Machine Zone Inc., 555 Hamilton Avenue, Palo Alto, California 94301, a Delaware corporation
Published: Dec. 12, 2015 | Result Date: Oct. 20, 2015 | Filing Date: Jan. 1, 1900 |Case number: 1:15-cv-01107-JKB Bench Decision – Dismissal
Court
USDC Maryland
Attorneys
Plaintiff
Benjamin H. Richman
(Edelson PC)
Defendant
Sean O. Morris
(Arnold & Porter LLP)
Michael A. Berta
(Arnold & Porter Kaye Scholer LLP)
Facts
Mia Mason, 371 Monticello Ct., Glen Burnie, Maryland 21061, and Baltimore County, individually, and on behalf of all others similarly situated sued Machine Zone Inc. in connection with the game "Game of War."
Contentions
PLAINTIFFS' CONTENTIONS:
Plaintiff played the virtual game and purchased virtual "gold" with actual money that she then used in a virtual casino-like spinning wheel game. Users can win more chips and gold in the spinning wheel game. Plaintiff, however, lost all her gold in the spinning wheel game, and with it, her cash. Plaintiff filed this lawsuit for alleged violations of the California Penal Code Section 330b prohibiting illegal gambling, Unfair Competition Law, unjust enrichment, as well as the Maryland Loss Recovery Statute. Plaintiff also sought class certification.
DEFENDANT'S CONTENTIONS:
Defendant moved to dismiss the complaint for failure to state a claim for relief.
Result
The district court dismissed the purported class action because Mason failed to allege "real world" injuries or losses.
Other Information
FILING DATE: April 17, 2015.
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