However, the second claim still stands as the court as stated that enough evidence for their lawsuit case has been provided, and the trial has been scheduled for May 7th.
West and Zampella said that they were considering leaving Activision when their contracts expired in October 2008. They stated that Activision made false promises to keep them along and create “Modern Warfare 2,” which became the bestselling game of 2010, before firing them.
This claim is an addition to a 2010 lawsuit that stated that Activision fired them to avoid paying millions of dollars in royalties for the game. Activision’s side of the story was (and is) that they were fired because they were in secret talks with rival Electronic Arts to set up a new development studio.
Activision had asked EA for $400 million back in 2010 in damages from Electronic Arts for interfering with the contracts of its employees. Judge Berle had dismissed EA’s request to dispel the lawsuit as Activision had come up with adequate evidence to support their accusations.
The firm claims EA had plans in place to finance and co-own a studio from West, Zampella and other employees who left Infinity Ward – a studio the publisher purchased in 2003.