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Expert Analysis - Opinion

Court Doubles Down On Incorrect Right Of Publicity Ruling

By Ronald Katz ( September 10, 2018, 1:05 PM EDT) -- Motions for reconsideration offer courts the opportunity to correct manifest errors or to magnify them. The Northern District of California federal court hearing Davis v. Electronic Arts Inc. took the opportunity to magnify the manifest errors in its recent decision by ignoring the blatantly obvious identifiability of the players. By doing this, the court defeated the fundamental purposes of class actions, including (1) judicial efficiency and consistency by handling in one proceeding what would otherwise require many proceedings and (2) providing justice to those whose claims are too small to pursue individually....

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