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A lawyer for the maker of the video game Call of Duty argued Friday that a judge should dismiss a lawsuit brought by families of the victims of the Robb Elementary School attack in Uvalde, Texas, saying the contents of the war game are protected by the First Amendment.

The families sued Call of Duty maker Activision and Meta Platforms, which owns Instagram, saying that the companies bear responsibility for promoting products used by the teen gunman.

Three sets of parents who lost children in the shooting were in the audience at the Los Angeles hearing.

Activision lawyer Bethany Kristovich told Superior Court Judge William Highberger that the “First Amendment bars their claims, period full stop.”

“The issues of gun violence are incredibly difficult,” Kristovich said. “The evidence in this case is not.”

She argued that the case has little chance of prevailing if it continues, because courts have repeatedly held that “creators of artistic works, whether they be books, music, movies, TV or video games, cannot be held legally liable for the acts of their audience.”

The lawsuit, one of many involving Uvalde families, was filed last year on the second anniversary of one of the deadliest school shootings in U.S. history. The gunman killed 19 students and two teachers. Officers finally confronted and shot him after waiting more than an hour to enter the fourth-grade classroom.

Kimberly Rubio, whose 10-year-old daughter Lexi was killed in the shooting, was among the parents who came from Texas to Southern California, where Activision is based, for the hearing.

“We traveled all this way, so we need answers,” Rubio said outside the courthouse. “It’s our hope that the case will move forward so we can get those answers.”

An attorney for the families argued during the hearing that Call of Duty exceeds its First Amendment protections by moving into marketing.

“The basis of our complaint is not the existence of Call of Duty,” Katie Mesner-Hage told the judge. “It is using Call of Duty as a platform to market weapons to minors.”

The plaintiffs’ lawyers showed contracts and correspondence between executives at Activison and gunmakers whose products, they said, are clearly and exactly depicted in the game despite brand names not appearing.

Mesner-Hage said the documents show that they actually prefer being unlabeled because “it helps shield them from the implication that they are marketing guns to minors,” while knowing that players will still identify and seek out the weapons.

Kristovich said there is no evidence that the kind of product placement and marketing the plaintiffs are talking about happened in any of the editions of the game the shooter played.

The families have also filed a lawsuit against Daniel Defense, which manufactured the AR-style rifle used in the May 24, 2022, shooting. Koskoff argued that a replica of the rifle clearly appears on a splash page for Call of Duty.

Josh Koskoff, the families’ Connecticut-based lead attorney, also represented families of nine Sandy Hook Elementary School shooting victims in a lawsuit against gunmaker Remington and got a $73 million lawsuit settlement.

He invoked Sandy Hook several times in his arguments, saying the shooters there and in Uvalde shared the same gaming obsession.

Koskoff said the Uvalde shooter experienced “the absorption and the loss of self in Call of Duty.”

He said that immersion was so deep that the shooter searched online for how to obtain an armored suit that he didn’t know only exists in the game.

Koskoff played a clip from Call of Duty Modern Warfare, the game the shooter played, with a first-person shooter gunning down opponents.

The shots echoed loudly in the courtroom, and several people in the audience slowly shook their heads.

“Call of Duty is in a class of its own,” Koskoff said.

Kristovich argued for Activision that the game, despite its vast numbers of players, can be tied to only a few of the many U.S. mass shootings.

“The game is incredibly common. It appears in a scene on ‘The Office,’” she said. She added that it is ridiculous to assert that “this is such a horrible scourge that your honor has to essentially ban it through this lawsuit.”

Highberger told the lawyers he was not leaning in either direction before the hearing. He gave no time frame for when he will rule, but a quick decision is not expected.

The judge did tell the plaintiffs’ lawyers that their description of Activision’s actions seemed like deliberate malfeasance, where their lawsuit alleges negligence. He said that was the biggest hurdle they needed to clear.

“Their conduct created a risk of exactly what happened,” Mesner-Hage told him. “And we represent the people who are exactly the foreseeable victims of that conduct.”

Meta’s attorneys will make arguments on a similar motion next month.




The Trump administration on Thursday asked the Supreme Court for an emergency order to remove Lisa Cook from the Federal Reserve’s board of governors.

The Republican administration turned to the high court after an appeals court refused to go along with ousting Cook, part of President Donald Trump’s effort to reshape the Fed’s seven-member governing board and strike a blow at its independence.

The White House campaign to unseat Cook marks an unprecedented bid to reshape the Fed board, which was designed to be largely independent from day-to-day politics. No president has fired a sitting Fed governor in the agency’s 112-year history.

Cook, who was appointed to the Fed’s board by President Joe Biden, a Democrat, has said she won’t leave her post and won’t be “bullied” by Trump. One of her lawyers, Abbe Lowell, has said she “will continue to carry out her sworn duties as a Senate-confirmed Board Governor.”

Separately, Senate Republicans on Monday confirmed Stephen Miran, Trump’s nominee to an open spot on the Fed’s board. Both Cook and Miran took part in Wednesday’s vote in which the Fed cut its key interest rate by a quarter-point.

The next opportunity for Cook to cast a vote will be at the meeting of the Fed’s interest rate setting committee, scheduled for Oct. 28-29.

Trump sought to fire Cook on Aug. 25, but a federal judge ruled last week that the removal probably was illegal and reinstated her to the Fed’s board. Trump has accused Cook of mortgage fraud because she appeared to claim two properties, in Michigan and Georgia, as “primary residences” in June and July 2021, before she joined the board. Such claims can lead to a lower mortgage rate and smaller down payment than if one of them was declared as a rental property or second home.

“Put simply, the President may reasonably determine that interest rates paid by the American people should not be set by a Governor who appears to have lied about facts material to the interest rates she secured for herself ? and refuses to explain the apparent misrepresentations,” Solicitor General D. John Sauer wrote in his Supreme Court filing.

But Cook has denied any wrongdoing and has not been charged with a crime. According to documents obtained by The Associated Press, Cook did specify that her Atlanta condo would be a “vacation home,” according to a loan estimate she obtained in May 2021. And in a form seeking a security clearance, she described it as a “2nd home.” Both documents appear to undercut the Trump administration’s claims of fraud.

U.S. District Judge Jia Cobb ruled that the administration had not satisfied a legal requirement that Fed governors can only be fired “for cause,” which she said was limited to misconduct while in office. Cook did not join the Fed’s board until 2022.

Cobb also held that Trump’s firing would have deprived Cook of her due process, or legal right, to contest the firing.

By a 2-1 vote, a panel of the federal appeals court in Washington rejected the administration’s request to let Cook’s firing proceed.

Trump’s lawyers have argued that even if the conduct occurred before her time as governor, her alleged action “indisputably calls into question Cook’s trustworthiness and whether she can be a responsible steward of the interest rates and economy.”

Trump has previously won orders from the court’s conservative majority to fire the presidentially appointed leaders of other independent federal agencies, including the National Labor Relations Board and the Federal Trade Commission, even as legal fights continue.

Those firings have been at will, with no cause given. The Supreme Court has distinguished the Federal Reserve from those other agencies, strongly suggesting that Trump can’t act against Fed governors without cause.

In its new filing to the Supreme Court, the administration is asking Chief Justice John Roberts for a temporary order that would effectively remove Cook from the board and a more lasting order from the whole court that would be in place while her legal case continues.



New Orleans Mayor LaToya Cantrell pleaded not guilty Wednesday to conspiracy, fraud and obstruction charges stemming from an alleged romantic relationship with her bodyguard.

The Democrat appeared in federal court for the first time since a grand jury last month returned an 18-count indictment against Cantrell and her bodyguard, Jeffrey Vappie, outlining what prosecutors described as their yearslong scheme to conceal an affair while the two traveled, wined and dined together on taxpayers’ dime.

U.S. Magistrate Judge Karen Wells Roby ordered the mayor to surrender her passport and restricted her travel, instructing her to seek approval from probation officers to leave southeast Louisiana. Roby also told Cantrell she was not allowed to be in contact with Vappie.

Vappie has already pleaded not guilty to charges of wire fraud and making false statements after he was indicted in July 2024. He is scheduled to appear in court Friday for the additional charges.

Cantrell, the first female mayor in New Orleans’ 300-year history, was elected twice but now becomes the city’s first mayor to be charged while in office in a state with a reputation for public corruption. She has only four months before she leaves office under term limits.

The mayor once known for her outspoken persona has kept quiet about the charges in the weeks since the 18-count indictment against her and Vappie was announced in mid-August. She did not acknowledge the indictment during public appearances to commemorate the 20th anniversary of Hurricane Katrina late last month.

While walking into the court building, Cantrell remained silent as a mob of reporters pressed her with questions. After the arraignment, her attorney, Eddie Castaing, declined to comment on the case but said it would not affect the mayor’s ability to govern the city.

“She can continue to work with city employees, she just couldn’t talk about the case so that’s not going to impede any of the city operations, so it’s business as usual,” Castaing said.

Cantrell, who exited court through a side door to avoid reporters, was already receding into the background of city affairs over the past year and offered no apparent resistance to President Donald Trump’s suggestion earlier this month to send the National Guard and federal agents to New Orleans even as other Democrats bristled.

She’s also been cast as a pariah by U.S. Department of Housing and Urban Development Secretary Scott Turner, who announced on Sept. 3 that Cantrell was suspended from involvement in federal transactions with HUD. The City Council issued a statement last week saying it had reassured the Housing Authority of New Orleans and the Office of Community Development that other city officials could sign federal contracts instead.

At times, she and her allies have said the blowback she is experiencing is tinged by double standards she faces as a Black woman. Cantrell said earlier this year, before to the indictment, that she has faced “very disrespectful, insulting, in some cases kind of unimaginable” treatment.

Cantrell and Vappie used WhatsApp for more than 15,000 messages, where they professed their love and plotted to harass a citizen who helped expose their relationship, delete evidence, make false statements to FBI agents “and ultimately to commit perjury before a federal grand jury,” acting U.S. Attorney Michael Simpson said. Vappie’s 14 trips with Cantrell cost taxpayers $70,000, not including Cantrell’s own travel costs, according to the indictment.

In a WhatsApp exchange, the indictment says, Vappie recalled accompanying Cantrell to Scotland in October 2021 on a dreamy trip “where it all started.”

Cantrell, whose husband died in 2023, has denied having anything more than a professional relationship with Vappie. She lashed out at associates who raised questions about the amount of time she spent with her bodyguard, including on wine-tasting trips and in a city-owned apartment, court records show.

Cantrell joins the ranks of more than 100 people brought up on corruption charges in Louisiana in the past two decades, said Rafael Goyeneche, a former prosecutor who is president of the Metropolitan Crime Commission, a watchdog group.


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