A federal judge is being presented Tuesday with a settlement between Electronic Arts and collegiate athletes who allege the game maker used their likenesses without permission, a $40 million deal in which lawyers are seeking a third of the pot plus millions more in expenses.
The deal (PDF), which needs final approval by US District Judge Claudia Wilken in California, covers up to as many as 100,000 athletes who were on rosters or whose likenesses appeared in EA basketball and football games dating back to 2003.
Under the accord, the lawyers said they would keep more than $13 million of the bounty, which is common in class-action cases. They are also requesting an additional $2.5 million in fees to litigate the case that was filed in 2009. The attorneys point out the fees are “particularly reasonable” given that lawyers have spent more than $30 million in litigation (PDF) that also targets the National Collegiate Athletic Association.
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