For the second time, the U.S. Judicial Panel on Multidistrict Litigation denied a request to centralize federal video game addiction lawsuits, refusing to establish an MDL focused on Fortnite, Roblox, and Minecraft.
The motion sought to limit the MDL to three “gateway” games, including Epic Games’ Fortnite, Roblox Corporation’s Roblox, and Microsoft’s Minecraft.
The panel stated that it remains concerned that the scope of the litigation may quickly grow too large, as plaintiffs who played different games on different platforms — in addition to the gateway games at issue in the cases currently pending — file new actions.
Judges cited the increasing number of cases (at least 39 involving the so-called “gateway” games) and the common inclusion of unnamed Doe defendants as reasons for concern. The panel found that differences among defendants, platforms, alleged design features, and player experiences outweigh any benefits from coordinated discovery.
For now, all video game addiction cases will continue to be addressed individually in their respective districts.
“There are now more actions before the Panel than in the previous iteration of this litigation, and they are ostensibly more narrowly focused to just three groups of defendants,” the panel stated. “But we are not persuaded that the litigation will not grow to encompass a large tangle of defendants and products, similar to what was before us in In re Video Game Addiction, which risks creating an MDL too unwieldy for any single judge to manage.”