A multi-state class action relating to Pokemon Go has survived a motion to dismiss. Judge James Donato in the Northern District of California believes that placing a virtual object in a game that may cause people to trespass presents novel issues.
"I don't think it's right to turn off the plaintiffs' tap off at this stage. I think it would be wrong to say of new legal questions, simply because they're new, that's enough to stop the case," he said. "Novel and open issues cut strongly against dismissal."
https://www.law360.com/articles/1027825
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