Judge Denies Without Prejudice Activision Blizzard's Motion to Dismiss Fraud Case

U.S. District Judge Robert Payne for Eastern Virginia in Richmond denied Activision Blizzard’s motion to dismiss or transfer a fraud class action, saying the applicable analysis is different depending on whether dismissal is sought pursuant to the Federal Rules of Civil Procedure or to the Federal Arbitration Act. The motion to dismiss or transfer is denied without prejudice to the filing of separate motions and supporting memoranda “so that analysis can be accomplished in perspective of the facts and law applicable to each motion,” Payne said in an order Thursday (docket 3:23-cv-00314). The judge ordered Activision to file its answer and any motions concerning the complaint by Aug. 1. Plaintiff Sorina Montoya alleges the gaming company and King.com engaged in deceptive practices in a March-April Candy Crush mobile game tournament in which she spent over $3,000 on in-app purchases in an effort to win advertised prizes.