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A district court tossed Carlsen's suit last summer for lack of standing. In a decision released yesterday, the Eighth Circuit briefly revived Carlsen's hopes of videogame class action success, ruling that he indeed had standing to sue -- only to toss his lawsuit for failure to state a claim. The ruling could be "game over" for the class action.
Your Princess Is in Another Castle
His lawsuit was originally dismissed for lack of standing, the court unconvinced by his potential causes of action. On appeal, however, the Eighth Circuit disagreed. Injury in fact and a plaintiff's potential cause of action are not the same, the court noted, and Carlsen's allegations of breach of contract were injury enough.
Some Bad News to Cover Up the Good
That's where Carlsen's good news ended. Despite having standing, he had not pleaded a claim upon which relief could be granted, the Eighth found. Taking Carlsen's allegations as true, he had not established facts sufficient to show that GameStop had breached its contract with him, the Eighth ruled.
Of course, Carlsen might have another life or two to spare. He could seek to have the case reheard en banc or level up to the Supreme Court.
Meeting with a lawyer can help you understand your options and how to best protect your rights. Visit our attorney directory to find a lawyer near you who can help.