>>89206148Oh, that paper is in the Public record if I'm remembering correctly (though, since it's a Federal Court of the SD of New York case, you have to pay for a copy through PACER)
The contract you're talking about existed only as a copy, and you're right that he used it to stall. His claim was that not all the pages were initialed, so therefore they could have put anything before the signature page. Courts look down on this type of argument for many reasons, especially without any corroborating evidence, which Penders had none of.
However, it was still an issue of fact, and therefore, Archie couldn't win on Motion to Dismiss or Summary Judgment...Penders' lawyer was a smart cookie. He played Sega off Archie by suing EA (not even bioware) first, getting EA pissed at Sega and asking them to get them pulled out of the case. Sega got EA out of the case by arguing that there was a second case between Archie and Penders.
The second legal realized much too late that the real argument was between Sega and Penders. But by then, pleadings had already been made and memos had already been submitted. The court wasn't interested in hearing a whole new theory of the case and re-deciding summary judgment.
So, at the risk of trial, Sega finally came in and basically sold Archie down the river for some assured peace.
