Activision Blizzard have won dismissal of one of two fraud claims against the former heads of its Infinity Ward studio, Jason West and Vincent Zampella, whom the company fired in 2010.
State Superior Court Judge Elihu Berle agreed with Activision that the fraudulent-inducement claim made by West and Zampella shouldn’t go forward.
West and Zampella, who created Modern Warfare 2, said they were considering leaving Activision once their contracts expired in October 2008. They said that Activision had made false promises to entice them into making Modern Warfare 2 before firing them. They also claimed that Activision fired them in order to avoid millions of dollars in royalty payments.
Activision claims they fired the two studio heads because they were in secret talks with EA to set up a new development studio. As a result of this, Activision asked for $400 million in damages from EA for interfering with its employees.
The second trial for promissory fraud is scheduled for May 7th.