2K Sports 2009 Annual Report Download - page 32

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Strickland et al. Personal Injury Action. In February 2005, the personal representatives of the Estates of
Arnold Strickland, James Crump and Ace Mealer brought an action in the Circuit Court of Fayette
County, Alabama against us, Sony Computer Entertainment America Inc., Sony Corporation of America,
Wal-Mart, GameStop and Devin Moore, alleging under Alabama’s manufacturers’ liability and wrongful
death statutes, that our video games resulted in ‘‘copycat violence’’ that caused the deaths of
Messrs. Strickland, Crump and Mealer by Mr. Moore. The suit seeks damages (including punitive
damages) against all of the defendants in excess of $600.0 million. In April 2006, the plaintiffs amended the
complaint to add a claim for civil conspiracy. Our motion to dismiss that claim is pending, but there
currently is no scheduling order in effect. At our request, the Court held an evidentiary hearing on
October 30, 2008 to consider the exclusion of certain expert testimony and a second hearing was held on
December 18, 2008. On July 29, 2009, the Court entered an order excluding the expert testimony and
granting summary judgment to the Company. Plaintiff Steve Strickland filed a Notice of Appeal on
August 10, 2009. We believe that the claims are without merit and that this action is similar to lawsuits
brought and dismissed by courts in other jurisdictions.
We intend to vigorously defend all of the above pending matters and, with respect to the derivative actions,
we have been advised that the individual defendants will vigorously defend such actions.
Item 4. Submission of Matters to a Vote of Security Holders
There were no matters submitted to a vote of security holders during the fourth quarter of the fiscal year
ended October 31, 2009.
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