Video Game Addiction Litigation

Video game addiction falls into the category of Internet gaming disorders (IGDs), which have been strongly correlated with motivational control issues and are regularly compared with gambling. Evidence has shown addiction can cause changes in some areas of the brain. Problems can arise when youthful gamers become dependent upon the personalities they create in online games – blurring the line between reality and the game. Video game addiction may have both short and long-term impacts on gamers, including various emotional, physical, psychological, and neurological effects. A few studies have demonstrated anxiety and depression are common among individuals dependent on video games. In the new generation of children, physical activity time is less and shorter in duration when compared with the parent’s generation because children’s activities moved toward indoor more than outdoor play. There is a negative relationship between the time spent on online gaming and exercise and that leads to a sedentary lifestyle which is a risk factor for many medical health conditions such as obesity, diabetes, and coronary artery disease. According to the American Medical Association, approximately 90% of young Americans play computer games. Furthermore, 15% of these gamers (i.e., over five million children) could be considered addicted.

However, lawyers and parents are taking on the video game industry. There are more than a dozen lawsuits currently active in North America seeking to address injuries and damage from video game addiction. Most argue the targeted video game companies, including Activision Blizzard, Epic Games, Microsoft, Roblox, Nintendo, Take-Two Interactive Software, and Sony Interactive Entertainment, make their games purposefully addictive as a way to keep people playing, and, ultimately, to get them to spend lots of money.

Court of Appeals Victory for McSweeney / Langevin

Rhett McSweeney scored an important Minnesota Court of Appeals victory on behalf of a client seriously injured as a result of an alleged assault and battery. McSweeney / Langevin’s client, James Thomas Miller, challenged the dismissal of his civil assault and battery claims against the estate of Mark Thomas Pavelich. Miller alleged Pavelich assaulted him with a metal pipe, causing serious injuries. Pavelich, who suffered from mental illness, was later deemed incompetent to stand trial in the related criminal matter, and was eventually committed to a state facility. After Pavelich’s death, Miller sued the estate, but the district court granted summary judgment, determining Pavelich lacked the mental capacity to form the intent necessary for an intentional tort. The court based its decision on a psychological evaluation from the related criminal case, which alleged Pavelich acted out of delusional beliefs and could not understand the wrongfulness of his actions.

Miller argued Pavelich’s intent was a matter for the jury to decide and pointed out Pavelich had acknowledged his violent actions during the delusion. The district court, however, ruled there was no genuine issue of material fact about Pavelich’s intent and dismissed the case. However, on appeal, it was determined the district court erred by applying the wrong legal standard and held genuine issues of material fact remained regarding Pavelich’s intent. As a result, the appellate court reversed the summary judgment and remanded the case for further proceedings.

EPA Bans Dacthal Weedkiller – Potentially Harmful to Fetuses

The Environmental Protection Agency (EPA) has suspended the use of the pesticide Dacthal (DCPA) due to health risks, especially for pregnant women and unborn babies. Studies have shown that DCPA can cause low birth weight, brain damage, and developmental issues in fetuses. The EPA also found that DCPA exposure may increase cancer risk and disrupt thyroid function. Even with protective equipment, those using DCPA face dangerous exposure levels. DCPA has been used since the 1950s, mainly in growing crops like broccoli and onions, but concerns about its long-term effects on health and the environment have grown. The manufacturer, AMVAC Chemical Corporation, did not provide the necessary safety data, leading to the suspension. People using DCPA should stop immediately and consult a doctor if they have symptoms related to exposure. Washing fruits and vegetables or choosing organic options can reduce pesticide risk. The EPA is working with the USDA to find safer alternatives for farmers.

Surgeon General Calls for Warning Labels on Social Media Platforms

The U.S. surgeon general, Dr. Vivek Murthy, announced on Monday he would push for a warning label on social media platforms advising parents the platforms might damage adolescents’ mental health.

In an essay published in The New York Times opinion section, Dr. Murthy pointed to research suggesting teens who spent more than three hours a day on social media faced a significantly higher risk of mental health problems, and 46 percent of adolescents said social media made them feel worse about their bodies.

U.S. teens are spending an average of 4.8 hours per day on social media platforms like YouTube, TikTok and Instagram, according to a Gallup survey of more than 1,500 adolescents released last fall.