It appears as though Gearbox made the correct move last year when it refused to settle the Aliens: Colonial Marines lawsuit filed against it and publisher Sega in 2013. Polygon reported today that the plaintiffs in the suit have agreed to drop the complaint against Gearbox, in exchange for Gearbox agreeing not to seek legal fees.
The suit was originally filed over claims that the game did not match what was promised in pre-release promotional trailers. Gearbox asked to be removed from the action last year, saying it just made the thing and had nothing to do with publishing or selling it. Sega, meanwhile, blamed Gearbox, and particularly studio boss Randy Pitchford, for loose-cannon marketing and making promises it couldn’t keep. In August of last year, Sega agreed to settle the matter for $1.25 million, but the plaintiffs couldn’t agree to terms with Gearbox.
Now, however, Gearbox is out, and further, the judge in the case has declined to certify it as a class action, meaning that only the original two plaintiffs are now being represented. The judge ruled that the proposed class, which would have included everyone in the US who bought the game, was too broad because it included people who may not have seen the misleading trailer; a proposal to have class applicants swear that they had seen it before preordering the game wasn’t sufficient.
The documents also indicate that the remaining plaintiffs have until June 3 to decide how they want to proceed with Sega.