Florida Man vs. GW: Case Dismissed

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Earlier this year, a Florida man filed a suit against Games Workshop for $62 million. The case has been dismissed.

The Case Basics

Earlier this year, David Moore, a Florida Man, filed a complaint with the United Stated District Court – Southern District of Florida.

Moore was looking to bring a lawsuit against Games Workshop. Alleging fraud, price fixing, tortious interference, violations of the Sherman Anti-Trust Act and Racketeer Influenced & Corrupt Orgs. Arct (RICO), and Unfair Trade Practices under 18 & 15 USC, Moore aimed to reclaim $62.5 million in damages from Games Workshop. You can read a writeup of the full case here.

In response, however, Games Workshop filed a motion to dismiss the suit, citing that Moore failed to actually list any specific details to back up his claims, nor did he establish jurisdiction over the individual defendants, nor was he able to file pro se. You can read the full details in the document linked above.

And after reviewing the motion to dismiss, the Judge overseeing the case, William P. Dimitrouleas, has granted Games Workshop’s motion to dismiss, and the case will be closed by October 19th, unless the complaint is amended and legal representation attained. If you’re interested in going back through the details of the case yourself, here are the court documents for you:

Affidavit and Exhibit A

Defendant’s Motion to Dismiss

Order Granting Motion to Dismiss

If any further details in this case develop, you can be sure we’ll keep you up to date on the proceedings.

Now that’s enough actual lawyering for one day, it’s time to get back to good old fashioned rules lawyering.

  • Arthfael

    Did anyone expect a different outcome?

    • BrianDavion

      Spiky Bits (I think) seemed sure he had a case.

    • MechBattler

      I figured it was 50/50. It’s not like the guy had access to any real evidence that incriminated GW in any specific way. Just saying their practices were unfair and retailers suffered isn’t enough. He needed concrete data to prove what they were doing was harmful and he doesn’t have that.

  • Dumbcow1

    How did he fail to establish jurisdiction…..GW doesn’t have stores in Florida? GW doesn’t sell products to retailers in Florida? I don’t understand that decision.

    • COsteve

      Seriously?

      • Dumbcow1

        yes seriously, upon actually reading what was written in this motion for dismissal…i realize this idiot actually tried to bring charges against individuals, not Games Workshop as an entity. In order to do this, those specific people must commit a tort or some other form of injury against him personally. This case was dismissed for that reason. precedent is that a company is sued, not individuals in a case like this. like the Illusionist followed up correctly stating.

    • The_Illusionist

      As I understand it, it’s not that Florida does not have jurisdiction over a company who trades there, like GW, but it’s more that the Plaintiff has failed to specify which members of the GW board are culpable, for what, and why.

      He’s laid the case against Games Workshop and a list of names of people who are on their board, but he has failed to specify who of these people, did what, and how. You’re not allowed to just pick a bunch of people and say, “they’re all responsible”; you have to have a specific reason as to why you’re naming that person, and provide a specific example that can be argued and investigated. “He works for the company” isn’t enough by itself.

      I may be wrong – I have no formal legal training whatsoever – but I’ve done a little bit of layman reading and it seems to be about right.

      • Cergorach

        Citizens of a country are expected to know and follow the laws, but I don’t think any actual understanding is required. Because if it was, a lot of you would be in a ton of trouble…

        If you read the conclusion and read between the lines, the judge doesn’t actually say the case has no merit. But how the complaint was made and against whom is the problem. Also the judge has judged that the complainant has no idea what he’s doing, has pretty much ordered the complainant to hire representation and stop wasting the court’s time.

        What you seem to forget is that a company is a legal entity that has the status of a legal person. It’s essentially a firewall between the people working/owning it and the rest of the world. If you want to go after the people in charge, you first have to pretty much prove that the company is guilty, and then proving that the folks running it are exceptionally at fault is extremely difficult. If it wasn’t you would see a ton more people running companies directly attacked with lawsuits…

        • The_Illusionist

          Thank you for more-or-less repeating what I just said, albeit in an unnecessarily sarcastic tone.

          Please note also that I am not an American citizen – I am not required to know nor understand their laws, and I stated that I do not do so in my post above. There is no need whatsoever for your snide insinuations on this or any other thread on the subject.

          • Cergorach

            Not being an American citizen is no excuse, neither am I! 😉

            But you know what Oscar said about sarcasm… As for snide, they are most certainly not insinuations… 😉

  • I’m shocked this is my shocked face.

    Now can we have legislation in place that punishes cases like this that waste the court’s time?

    • DoctorBored

      This. Slow bureaucracy loses the faith of the people, but it’s crap like this that makes it slow.

    • Sparowl

      Only if we also have legislation that punishes corporations for dragging cases out over years with legal delays and extensions.

      Because currently many corporations can throw enough money at cases to wait for whoever is suing to go bankrupt, then have it dismissed.

      • I_am_Alpharius

        I mean what if the Judge had thrown it out at the first reading….oh wait…

        • Sparowl

          Right? It’s terrible how much time the court wasted…

    • Haighus

      Hmmm… are you sure? It looks pretty similar to your standard face. Maybe its the helmet.

  • Damon Sherman

    this is a big reason why you never file without another attorney even if you are one(i think he was one).
    you really need to relegate the workload so none of you miss a beat.

    shame he didn’t focus more on the smaller complaints instead of the larger racketeering claims.

    • I_am_Alpharius

      In his affidavit he mentions in passing that he was a “Law School” Graduate. Now, that don’t mean you’re a Lawyer by a long shot. Presumable he never went into practice or was rubbish and could not make a career of. Reading the affidavit of “complaints” (which are quiet funny when you read them) I think its safe to its a lot of former and being rubbish at it.

      • Cergorach

        He owned a gamestore… Doesn’t that say enough about his academic brilliance…

        • 301stFeinminsterArmoured

          The guy that owns my FLGS is a CPA and teaches Accounting. Your point?

          • Cergorach

            Sorry, but the requirements for a CPA aren’t that impressive. And being a teacher isn’t all that impressive either in the States. On average a lawyer makes around 40% then a CPA and a teacher makes about half what a lawyer makes.

            Becoming a lawyer means completing law school and passing the Bar, generally there are two reasons for that: Idealism or money. Neither you leave willingly to become a gamestore owner…

          • skyplate

            I am a practicing attorney and I can tell you that a competent predecessor of mine at my firm left a career in law to become a teacher. It’s a high pressure job and burnout is a thing. There are plenty of reasons to voluntarily leave.

          • Cergorach

            While there can be burnout, but if your vulnerable to that, don’t run your own business. And as if there’s no burnout among teachers… Probably one of the most burnout jobs in the US…

          • 301stFeinminsterArmoured

            Income is by no means a measure of intelligence or competence, so assuming that choosing a marginally less stressful but glaringly less profitable occupation, in of itself, is an indicator of a lack of either is nothing more than elitist claptrap.

        • Running a store is more than what most people I see around here are capable of managing.

          • Cergorach

            That is the reason why so many LGS fail, very few are actual business men/women. Just running a single store has a very low ceiling for profit and a ton of risks.

            Now running a gamestore in the US is quite different from running a gamestore in the EU and especially the Netherlands. The difference in rent/taxes is huge and mostly where it kills most EU gamestores. And where Americans are used to travel huge distances, most Europeans aren’t.

            Most higher education jobs are a far saver bet then running a LGS and most are also a lot more profitable. Companies like Wayland Games are more often the exception then the rule, are not a LGS (webstore) and the amount of work that goes into such an en devour is certainly more then your average 40 hour workweek…

    • Wolf-Assassin

      if the websites that people dug up rely belonged to him, then he claimed to be many things.

  • Florida Man really is everywhere.

  • Emprah

    Florida Man obviously never heard of GW’s lawyer army.

    • Reddog

      I hear that’s the next codex release.

      • Ebsolom

        I’d hate to see their rules : /

        • I_am_Alpharius

          Army wide ability when Battleforged: Inscribed in Precedentia – Any unit with the Lawyer keyword can select any rule in the game that has been published in any rulebook and/or codex.

          CHAMBER FIRMS
          Lawyer armies are deployed into “Firm Chambers” across the Imperium, enacting Litigation against all enemies without and when needed to enemies within.
          If your army is Battleforged, all Solicitor, Messenger Bike and Discovery File units in a Lawyer Detachment gain a Firm Chamber, so long as every unit is from the same Chamber Firm.

          Dewey, Cheatem & Howe: Units from from this Chamber can alter any dice roll by +1 or -1. For example a roll of a 3 could be modified to a 2 or a 4.

          Hooke, Lyne & Sinker: Once per battle any unit from this Chamber maybe removed from the table and redeployed anywhere more than 9″ away from enemy units. If the unit is under its starting strength then when deploying you made add back D6 models.

          Grin & Barrett
          Units from this Chamber are able to Fire Overwatch at any distance, even if the enemy is within 1″. In addition when rolling to hit, units always hit on their standard BS skill. This cannot be modified by any other ability.

    • Spacefrisian

      Clad in tabbards and armed with all the papers they are GW mightiest warriors.

  • eMtoN

    I couldn’t get past the first point in the affidavit. Please don’t bother posting another article about this – the guy needs a different kind of help.

    • I_am_Alpharius

      I don’t know, reading the rest is very funny and full of ridiculous accusations. It feels to me, reading inbetween the lines, that perhaps Mr Moore is possibly trying to maintain a set of failing business, promising things he can’t deliver to his customers and using GW a scapegoat for his failings. Wouldn’t surprise me if he’s up to his eyeballs in debt.

      • Koen Diepen Van

        Also reading the comments on these kind of post is comedy gold. With ppl going along and all.

        • I_am_Alpharius

          eh?

  • Xodis

    This is my surprised face……. yep.

  • GrenAcid

    I bet this was all to swamp gas and not so fresh aligator meat.

  • Jared Swenson

    AHAHAHAHAHAHAHAHA

  • Marc Willis

    Honestly, I am sad to see a case like this get dismissed. Games Workshop’s business practices have been absolutely garbage some time now. I have had the misfortune of watching several game shop owners struggle or go out of business because of GW actively poaching the brick and mortar store customer base. These owners who drew their customers to GW product watched their profits turn to deficits as customers were forced to spend their money at the GW website to reliably get the products they wanted.

    The owners were basically providing free space to GW for their
    customers. I personally don’t see how a company can treat the people who promote and provide game space for their product to be treated so badly. If I ever was to become a store owner I would never offer GW product. Even though GW model quality has been exceptional the past few years, the risk of doing business is too great to ignore.

    • BClement

      It’s not GW “poaching their brick and mortar store customer base” – it’s online retailers. I worked in an independent retail store and a complaint we heard more often than anything else from our customers was “but I can get it cheaper from so-and-so online.”

      “So just sell the items cheaper.” Yeah – that cuts into a stores profit margins which makes things like paying for the overhead (space, labor, insurance – those types of things) of running said store harder.

      Unless you store is moving literal mountains of plastic, most stores can’t afford to cut their profit margins by that much. It’s a volume of sales vs profit per sale thing.

      basically, it’s your typical Mom & Pop shop vs mega retailer thing. If you play local, you should buy local – or your store won’t be there to play at. Plain and simple.

      • Zedatkins Zed

        yup. Online retail is much more customer friendly especially for the mini wargaming market (i.e working people over 20) the FLGS model works for the 12-20 age bracket but the real money is not in that demographic. It’s basically the same for all “main street” shops these days – the internet killed shopping as it used to be.

    • Zedatkins Zed

      Starbucks do a lot worse in terms of eating local competitors and there is nothing illegal about it. Doesn’t make GW or Starbucks or any other corporation that works like this admirable. It just means the lawsuit is nonsense.

  • MechBattler

    Honestly, after reading that affidavit, the guy sounds more like a salty neckbeard than someone trying to sue for serious reasons. It felt more like he just skimmed the internet for reasons to take a shot at GW and loosely organized them into something resembling a legal case.
    I think he was just a legal troll phishing for an easy payday.

  • kaptinscuzgob

    wow surprising

  • 301stFeinminsterArmoured

    You’ve missed the point. There is more to choosing one job over another than competence, like pride and satisfaction with what the job entails. The legal profession is a lot more tedious book-work and message-crafting than popular media would lead you to believe, so idealism tends to take a necessary back-seat to pragmatism and moral distance in order to be successful, lest the practitioner choose to do something other than act as an attorney, like teaching. Now, in all likelihood, Florida Guy had probably never passed the Bar Exam, in Florida if not elsewhere in America, so his experience with Torts and other elements of Civil Law would be understandably limited, but that would not invalidate any formal legal training he might have received. It would, however, make the relative income disparity between running a game store and whatever job his legal knowledge was being applied toward, most likely as a paralegal or in an administrative role, less pronounced.