Marty wins settlement? (Destiny)

by GrimBrother One, Monday, July 21, 2014, 18:05 (3567 days ago)

How petty to withold it - not classy at all

by scarab @, Monday, July 21, 2014, 18:12 (3567 days ago) @ GrimBrother One

- No text -

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How petty to withhold it - not classy at all...

by General Vagueness @, The Vault of Sass, Monday, July 21, 2014, 19:37 (3566 days ago) @ scarab

...unless there was a genuine misunderstanding or disagreement on the policy or policies, and either that was resolved or Bungie/Harold Ryan just wanted to not deal with this particular lawsuit.
It does look bad though, without putting out some statement it looks like they/he waited until they got sued to give him what he was owed.
Has the other legal action that was mentioned in this suit (against Bungie [and Harold Ryan?] rather than just Harold Ryan) been shown or found or made known publicly yet, if it even exists (yet)?

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How petty to withhold it - not classy at all...

by car15, Tuesday, July 22, 2014, 05:25 (3566 days ago) @ General Vagueness
edited by car15, Tuesday, July 22, 2014, 05:29

AFAIK Marty is pursuing his other grievances against Bungie in arbitration, which means it will be a closed-door type of thing and we won't hear anything about it.

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So it would seem.

by INSANEdrive, ಥ_ಥ | f(ಠ‿↼)z | ᕕ( ᐛ )ᕗ| ¯\_(ツ)_/¯, Monday, July 21, 2014, 18:12 (3567 days ago) @ GrimBrother One

- No text -

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Marty wins settlement?

by Cody Miller @, Music of the Spheres - Never Forgot, Monday, July 21, 2014, 18:14 (3567 days ago) @ GrimBrother One

http://venturebeat.com/2014/07/21/halo-music-creator-wins-legal-settlement-for-unpaid-wages-from-bungies-chief-exclus...

Is this going to end up like election day, where 5 days prior to launch the truth about the firing comes out, and makes Bungie look bad?

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Marty gets settlement, no verdict on lawsuit?

by General Vagueness @, The Vault of Sass, Monday, July 21, 2014, 19:31 (3566 days ago) @ GrimBrother One

My understanding is that a settlement means the parties agreed on something without the court intervening, and the fact there was no verdict given backs that up.

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Marty gets settlement, no verdict on lawsuit?

by SonofMacPhisto @, Monday, July 21, 2014, 20:49 (3566 days ago) @ General Vagueness
edited by SonofMacPhisto, Monday, July 21, 2014, 20:54

My understanding is that a settlement means the parties agreed on something without the court intervening, and the fact there was no verdict given backs that up.

Exactly right. As far as suits go, this is utterly mundane.

EDIT: Marty thought he was owed something. Bungie and Ryan disagreed. Marty filed suit. They all settled. Pretty much how civil society works in this kind of situation.

Marty gets settlement, no verdict on lawsuit?

by kapowaz, Tuesday, July 22, 2014, 00:54 (3566 days ago) @ SonofMacPhisto

EDIT: Marty thought he was owed something. Bungie and Ryan disagreed. Marty filed suit. They all settled. Pretty much how civil society works in this kind of situation.

My understanding is that settlements of this kind are a little like plea bargaining: you're concerned that you might lose if the case actually went to court, so you make a lower offer to settle the matter ahead of time. Your hope is that the offer is high enough that the other party will accept it right off rather than insist on going to trial (also they'll have to factor in higher legal costs if it went to trial, whereas you're only paying for counsel up to the point of a settlement this way).

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.

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Marty gets settlement, no verdict on lawsuit?

by Cody Miller @, Music of the Spheres - Never Forgot, Tuesday, July 22, 2014, 01:31 (3566 days ago) @ kapowaz

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.

Not really. The VAST majority of cases never make it to trial. Settling is the more common outcome.

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Marty gets settlement, no verdict on lawsuit?

by kidtsunami @, Atlanta, GA, Tuesday, July 22, 2014, 02:29 (3566 days ago) @ Cody Miller

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.


Not really. The VAST majority of cases never make it to trial. Settling is the more common outcome.

Yeah because the cost of the trial can be too much for both sides, so it's in both side's interest to work towards a settlement unless you specifically want/need to set a legal precedent.

Marty gets settlement, no verdict on lawsuit?

by kapowaz, Tuesday, July 22, 2014, 04:28 (3566 days ago) @ kidtsunami

Yeah because the cost of the trial can be too much for both sides, so it's in both side's interest to work towards a settlement unless you specifically want/need to set a legal precedent.

A legal battle is rarely a prisoner's dilemma: you don't take somebody to court to sue for damages and then start worrying about the cost for the other person. The only thing that really matters to you is your outcome.

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Marty gets settlement, no verdict on lawsuit?

by kidtsunami @, Atlanta, GA, Tuesday, July 22, 2014, 05:16 (3566 days ago) @ kapowaz

Yeah because the cost of the trial can be too much for both sides, so it's in both side's interest to work towards a settlement unless you specifically want/need to set a legal precedent.


A legal battle is rarely a prisoner's dilemma: you don't take somebody to court to sue for damages and then start worrying about the cost for the other person. The only thing that really matters to you is your outcome.

Yes, but winning may still cost you too much and you'll end up with less than if you got a settlement.

Marty gets settlement, no verdict on lawsuit?

by kapowaz, Tuesday, July 22, 2014, 05:49 (3566 days ago) @ kidtsunami

Yes, but winning may still cost you too much and you'll end up with less than if you got a settlement.

Marty's legal costs were a small minority of the amount he just won, so I guess it depends just how long it drags out for. Either way you'd never start legal proceedings if you didn't think you stood a chance of winning, regardless of whether you were hoping for a settlement or outright victory. You've got to have a good hand to start off with.

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Marty gets settlement, no verdict on lawsuit?

by car15, Tuesday, July 22, 2014, 05:50 (3566 days ago) @ kapowaz

Legal costs in the US are astronomical.

Marty gets settlement, no verdict on lawsuit?

by kapowaz, Tuesday, July 22, 2014, 05:55 (3566 days ago) @ car15

Legal costs in the US are astronomical.

Again, I quote from the original article:

Under the agreement, Ryan will pay O’Donnell more than $38,385 in unpaid work and vacation time, as well as another $38,385 in double damages. With attorney’s fees and interest, the total judgement for O’Donnell will be $95,019.13.

So, out of the $95,019.13 there were legal costs of $18,249.13, or about 20% of the total settlement amount.

Edit: just noticed that figure includes interest too, so the legal costs were actually below that amount.

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Marty gets settlement, no verdict on lawsuit?

by car15, Tuesday, July 22, 2014, 05:57 (3566 days ago) @ kapowaz

Not enough time passed in this instance. The passage of time is what makes them so high.

Marty gets settlement, no verdict on lawsuit?

by kapowaz, Tuesday, July 22, 2014, 06:03 (3566 days ago) @ car15

Not enough time passed in this instance. The passage of time is what makes them so high.

I have a feeling you're being entirely speculative here.

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Marty gets settlement, no verdict on lawsuit?

by car15, Tuesday, July 22, 2014, 06:05 (3566 days ago) @ kapowaz

I'm speaking from experience, actually.

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Marty gets settlement, no verdict on lawsuit?

by Speedracer513 @, Dallas, Texas, Tuesday, July 22, 2014, 07:23 (3566 days ago) @ kapowaz

Not enough time passed in this instance. The passage of time is what makes them so high.


I have a feeling you're being entirely speculative here.

Attorneys charge by the hour. If a case only last weeks, the attorney fees will obviously be much less than if it lasts several months.

In this case, I am actually very surprised that (a) they were able to come to a settlement anywhere near this quick, and (b) the fees appear to be pretty reasonable for this kind of matter.

Marty gets settlement, no verdict on lawsuit?

by kapowaz, Tuesday, July 22, 2014, 04:25 (3566 days ago) @ Cody Miller

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.


Not really. The VAST majority of cases never make it to trial. Settling is the more common outcome.

Even if settling is more common, that doesn't negate the fact that Ryan must have suspected he might lose the case:

Under the agreement, Ryan will pay O’Donnell more than $38,385 in unpaid work and vacation time, as well as another $38,385 in double damages. With attorney’s fees and interest, the total judgement for O’Donnell will be $95,019.13.

Based on the above, if he didn't think there was a significant chance he would have lost at trial, it would have made far more sense to fight the case — a $95,000 settlement is a lot more than his legal costs would be if he'd won, especially as in certain cases (particularly those related to contractual rights) the loser might have to pay the winner's legal fees. Just because legal fees are expensive doesn't automatically mean your best option is to settle out of court.

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Marty gets settlement, no verdict on lawsuit?

by SonofMacPhisto @, Tuesday, July 22, 2014, 15:08 (3566 days ago) @ kapowaz

EDIT: Marty thought he was owed something. Bungie and Ryan disagreed. Marty filed suit. They all settled. Pretty much how civil society works in this kind of situation.


My understanding is that settlements of this kind are a little like plea bargaining: you're concerned that you might lose if the case actually went to court, so you make a lower offer to settle the matter ahead of time. Your hope is that the offer is high enough that the other party will accept it right off rather than insist on going to trial (also they'll have to factor in higher legal costs if it went to trial, whereas you're only paying for counsel up to the point of a settlement this way).

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.

Or, he's got more important things to do and this amount was what would make it go away, whether or not they would win or lose in court.

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Marty gets settlement, no verdict on lawsuit?

by General Vagueness @, The Vault of Sass, Tuesday, July 22, 2014, 19:11 (3565 days ago) @ SonofMacPhisto

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.


Or, he's got more important things to do and this amount was what would make it go away, whether or not they would win or lose in court.

I'm inclined to think it was an avoidance of spending more time and money, but why did it take this long? I realize it's probably not as simple as haggling over a number at a garage sale or whatever, but the suit was filed months ago. Is this normal settlement speed?

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Marty gets settlement, no verdict on lawsuit?

by SonofMacPhisto @, Tuesday, July 22, 2014, 19:31 (3565 days ago) @ General Vagueness

It's telling that Harold Ryan chose to settle in this manner, as it probably means he knew there was a significant chance he would have lost at trial. Interesting stuff, nonetheless.


Or, he's got more important things to do and this amount was what would make it go away, whether or not they would win or lose in court.


I'm inclined to think it was an avoidance of spending more time and money, but why did it take this long? I realize it's probably not as simple as haggling over a number at a garage sale or whatever, but the suit was filed months ago. Is this normal settlement speed?

Oh yeah legal stuff like this takes forever, no matter the context I imagine. Feels fast to me, honestly.

Everyone's super busy and yah just kinda go back and forth. Getting back to someone the same week is pretty timely.

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Marty gets settlement, no verdict on lawsuit?

by Speedracer513 @, Dallas, Texas, Tuesday, July 22, 2014, 20:48 (3565 days ago) @ General Vagueness

This was VERY fast for a case like this to reach a settlement.

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