Court gives Activision the go ahead to proceed in $400 million contract-interference suit against EA

Activision have today announced that the Los Angeles Superior Court has denied a motion brought by Electronic Arts (EA) for summary judgment, thereby permitting Activision to proceed to trial on its $400 million contract-interference suit against EA..

At a hearing held on December 21st, 2012, Judge Elihu Berle denied EA's motion, finding that the evidence presented by Activision concluded both that EA had intentionally interfered with Activision's employment agreements with former Infinity Ward 'Call of Duty' developers, Jason West and Vince Zampella, and that EA had aided and abetted West and Zampella's breach of fiduciary duties to Activision.

In the suit Activision alleges that West and Zampella met with EA representatives while still employed by Activision, which constituted a breach of their contracts, and that West and Zampella's misconduct was caused, at least in part, by EA's unlawful tampering.

Following West and Zampella's firings, nearly half (46) of the remaining Infinity Ward employees resigned, among them lead designers and programmers who worked on Modern Warfare 2. West and Zampella then went on to form a new independent gaming studio known as Respawn Entertainment, which was funded by EA. 38 of the 46 Infinity Ward employees who resigned from Infinity Ward also signed on with Respawn Entertainment.

A jury trial in the case is scheduled to begin on May 7, 2012.