Another Mortal Kombat Fatality Looming in Video Game Litigation?
Fresh from killing the ban on children’s access to violent video games in California, the legal team advocating First Amendment rights for the video industry may taste more blood with a fee motion to the United States Supreme Court. The motion seeks $1,144,602.64 from California, including $23,979 for conducting a moot court exercise. Brown v. Entertainment Merchants Association, et al., No. 08-1448 (2011).
This rare request for Supreme Court fees in a civil rights case is the subject of Lyle Denniston’s post on SCOTUSblog on July 25, 2011. A copy of the motion may be read by clicking here.
The request for fees is brought under the civil rights statute, 42 USC section 1988. On June 27, 2011, in a writ proceeding, the Supreme Court affirmed the 9th Circuit ruling liquidating the ban, presumably making the video industry writ respondents the prevailing parties.
The video industry advocates have already obtained stipulated agreements for $276,000 plus interest in the District Court, and for $94,000 in the 9th Circuit Court of Appeals.
Lyle Denniston points out, “[t]he motion cites no Supreme Court ruling directly ordering a fee shift in a case before the Justices.” But the civil rights laws do allow for fee shifting to the prevailing party, and the Supreme Court could order a fee shift or pass the buck to the 9th Circuit or the District Court.
HAT TIP to Carter C. White, Supervising Attorney, King Hall Civil Rights Clinic, UC Davis, for bringing to our attention Lyle Denniston’s article about the case in SCOTUSblog.