Judge Dismisses ‘Elder Scrolls’ Animation Defect Class Action Lawsuit

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A Colorado federal judge on Thursday dismissed a class action lawsuit accusing ZeniMax Media Inc. and Bethesda Softworks LLC of deceptively marketing the popular video game The Elder Scrolls IV: Oblivion. The dismissal could indicate however, that the parties have reached a settlement agreement.

On Jan. 2, Judge Wiley Y. Daniel granted a joint motion by both sides to dismiss the class action lawsuit with prejudice, which is often a sign that a class action settlement had been reached. Since no actual settlement agreement has been filed with the court, however, his earlier partial denial of ZeniMax’s motion to dismiss may have played a role.

That decision, filed Sept. 27, 2013, noted that Elder Scrolls Oblivion had an animation defect that allegedly led to video game players’ characters being erased, forcing them to lose whatever progress they had made in the game. While Judge Daniel said that several representations that lead plaintiff Landis Edwards reportedly relied upon were considered “puffery,” the judge agreed that gamers would reasonably understand “free-form gameplay” and “explore the vast world in search of their own unique challenges.”

The alleged Oblivion animation defect kept that from occurring and, as such, the class action lawsuit could plausibly be read in favor of Edwards. In addition, as noted above, the Colorado man had been seeking certification for all state residents as part of The Elder Scrolls class action lawsuit. To that end, the amended class action lawsuit included advertisements that were available on the national level on a variety of websites that highlighted that same kind of free-wheeling gameplay.

As such, Judge Daniel decided that there was a public interest in the misrepresentations allegedly perpetrated by the video game maker regarding Elder Scrolls IV: Oblivion and the alleged breach of implied warranty, a key component in the class action lawsuit, in addition to violations of the Colorado Consumer Protection Act. This also allowed him to keep the case in federal court, which is required for all class actions but is not necessarily a requirement if a jurist fails to certify the class itself.

The plaintiff is represented by class action lawyers Rafey S. Balabanian, Steve Lezell Woodrow and Eve-Lynn J. Rapp of Edelson LLC.

The Elder Scrolls Oblivion Video Game Class Action Lawsuit is Landis Edwards v. ZeniMax Media Inc., et al., Case No. 12-cv-00411, in the U.S. District Court, District of Colorado.