A Superior Court in California has ruled that video game publisher Activision Blizzard can go ahead with a lawsuit against rival Electronic Arts and argue that it is entitled to get damages because of the way EA courted developers Jason West and Vince Zampella while they were working at Infinity Ward.
Activision has filled a cross-complaint last year after it was sued by the developers for allegedly missed payments linked to the performance of Call of Duty: Modern Warfare 2.
Elihu Berle, who is a court in California, has ruled that Zampella and West were able to explore other work opportunities while working at Infinity Ward and with Activision but that Electronic Arts can be sued as long as Activision can prove that the company actively worked to lure the two developers away.
The two leaders of Infinity Ward were fired in March 2010 for insubordination and then promptly launched legal action against the publisher in order to get back 36 million dollars (27.5 million Euro) that they claim were owed as loyalties.
They then went off to find a new studio called
Respawn Entertainment and signed a long-term development deal with Electronic Arts, which prompted Activision to file a counter-suit that implicated EA.
Activision is seeking to get 400 million dollars (305 million Euro) in damages. A jury trial is set to start during May 2012 and it is not clear when the verdict might be delivered.
Since the lawsuits were launched Activision re-staffed Infinity Ward and released
Call of Duty: Modern Warfare 3, which quickly sold more than 10 million units and became the biggest overall entertainment launch of the year.
Respawn Entertainment has also been recruiting developers and has recently released another teaser image for its next game project, although no official information has been revealed about it, with rumors suggesting a science fiction shooter.