Rune II Lawsuit Analysis

To help understand the $100 million lawsuit Ragnarok Game filed against Human Head Studio, Bethesda Softworks, and ZeniMax over Rune II, PC Gamer spoke with lawyer Kellen Voyer, who is not involved with the case (thanks Neutronbeam). They asked Kellen to explain how this could be worth $100 million and the likelihood the plaintiffs will prevail. Here's what he said:
"When the defendants have deep pockets, it makes complete sense to seek a large amount as damages," Voyer wrote in an email. "The fact that they are seeking damages of $100 million is just an ask—real payout depends on the jury finding in their favour and agreeing with the damage amount sought. Plus, any damage award that large would likely be challenged on appeal. Many cases ultimately don’t go to trial so seeking a large amount for damages provides a good starting point for a settlement, which would most likely be a smaller amount.

"The claim that Rune 2 was a 'threat to Skyrim franchise' adds to the claim's narrative by providing an underlying motive for all the other alleged conduct. Why go through the alleged plotting and planning, prior to release, and the very real risk of a lawsuit (as seen here) just to acquire a development team unless there’s a material benefit to Bethesda, beyond just the team? Most defunct studios are not of significant value to justify structuring the purchase in a way so as to risk an expensive lawsuit, regardless of the merits of that suit. Ultimately, it's this alleged motive that the claim uses to explain this conduct."