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Outbyte Driver Updater FREEFix the driver behind crashes, sound loss and screen glitchesFind Drivers →Outbyte PC Repair FREEClear out junk files and repair common Windows errorsFree Scan →A lawsuit over whether Fallout 4’s Season Pass promised access to all downloadable content did not result in a court ruling on that promise. On October 21, 2022, a federal judge ordered the dispute into arbitration and stayed the case. The ruling did not find Bethesda liable or certify a class. Microsoft’s acquisition of Bethesda’s parent company, ZeniMax Media, has also since closed.
What the Fallout 4 Season Pass lawsuit alleged
In Devine v. Bethesda Softworks, LLC, Jacob Devine alleged that the Fallout 4 Season Pass was presented as providing access to “all” downloadable content for “one S.P.E.C.I.A.L. price,” but did not give him access to all the content he expected. The October 2022 court opinion recounts those allegations; it does not establish that the offer was deceptive or that Bethesda breached a promise. Read the court opinion.
| # | Preview | Product | Price | |
|---|---|---|---|---|
| 1 |
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Fallout 4 Game of The Year Edition - PlayStation 4 | $30.81 | Buy on Amazon |
| 2 |
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Fallout 4 Game of The Year Edition - PlayStation 4 | $30.27 | Buy on Amazon |
| 3 |
![Fallout 4 | Anniversary Edition | Nintendo Switch 2 [Code in Box]](https://m.media-amazon.com/images/I/41nB7eUArSL._SL160_.jpg)
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Fallout 4 | Anniversary Edition | Nintendo Switch 2 [Code in Box] | $51.59 | Buy on Amazon |
| 4 |
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| 5 |
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Fallout 4 - PlayStation 4 [ (Renewed) | $17.77 | Buy on Amazon |
According to the opinion, Devine bought Fallout 4 at GameStop shortly after its November 2015 release, then purchased the Season Pass through the Xbox Games Store/Microsoft Store on April 27, 2019. He filed the case on July 9, 2019, seeking damages for himself and other Season Pass purchasers who, he alleged, did not receive all Fallout 4 downloadable content.
Claims asserted in the complaint
The complaint asserted nine claims: breach of contract, unjust enrichment, promissory estoppel, fraud or deceit, fraudulent concealment, negligent misrepresentation, a tort arising out of breach of contract, breach of express warranty, and violation of the Maryland Consumer Protection Act. These were claims made by the plaintiff, not findings by the court.
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#1 Best Overall
- Freedom and Liberty Do whatever you want in a massive open world with hundreds of locations, characters, and quests. Join multiple factions vying for power or go it alone, the choices are all yours
- Be whoever you want with the special character system. From a power Armored soldier to the charismatic smooth talker, you can choose from hundreds of perks and develop your own playstyle
- New next generation graphics and lighting engine brings to life the world of fallout. From the blasted forests of the common wealth to the ruins of Boston, every location is packed with dynamic detail
- Intense first or third person combat can also be slowed down with the new dynamic Vault Tec Assisted Targeting System (V.A.T.S) that lets you choose your attacks and enjoy cinematic carnage
What the judge decided in 2022
On October 21, 2022, Judge Paul W. Grimm granted the defendants’ motion to compel arbitration. The court stayed and administratively closed the case while arbitration proceeded, directed the parties to file joint status reports every 180 days, and deferred Devine’s motion under Federal Rule of Civil Procedure 23(d) for the duration of the stay.
The decision concerned the arbitration agreement and who would decide arbitrability. It did not resolve whether the Season Pass covered all DLC, whether Bethesda violated consumer-protection law, or whether any other asserted claim had merit. Nor did the ruling certify a class. The case was filed as a putative class action—meaning Devine sought to represent others—but the opinion does not show that a class was approved.
Rank #2
- Freedom and Liberty Do whatever you want in a massive open world with hundreds of locations, characters, and quests. Join multiple factions vying for power or go it alone, the choices are all yours
- Be whoever you want with the special character system. From a power Armored soldier to the charismatic smooth talker, you can choose from hundreds of perks and develop your own playstyle
- New next generation graphics and lighting engine brings to life the world of fallout. From the blasted forests of the common wealth to the ruins of Boston, every location is packed with dynamic detail
- Intense first or third person combat can also be slowed down with the new dynamic Vault Tec Assisted Targeting System (V.A.T.S) that lets you choose your attacks and enjoy cinematic carnage
Did Fallout 4’s Season Pass include all DLC?
The court opinion does not answer that question. It reports Devine’s interpretation of the Season Pass offer and his allegation that he did not receive all the content he expected; it does not decide whether that interpretation was correct. The arbitration order should not be read as a ruling for either side on the underlying promise.
Did Bethesda lose, or was the lawsuit dismissed?
The cited opinion does not find Bethesda liable, award damages, or dismiss the claims on their merits. It orders arbitration and pauses the court case while that process is pending. The available account does not establish the eventual arbitration result or a later court disposition, so it would be inaccurate to describe the dispute as won, settled, or dismissed based on this ruling alone.
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- ANNIVERSARY EDITION — Celebrate ten years of Fallout 4 with the complete post‑nuclear RPG experience, winner of over 200 Best Of awards including DICE and BAFTA Game of the Year.
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- OPEN‑WORLD FREEDOM — Explore hundreds of locations, craft weapons and armor, build and manage settlements, and customize your playstyle using the S.P.E.C.I.A.L. system and perk progression.
Microsoft’s acquisition of Bethesda’s parent company is complete
The lawsuit’s original framing referred to a takeover that was still looming. Microsoft announced plans to acquire ZeniMax Media, Bethesda Softworks’ parent company, on September 21, 2020. Microsoft announced that the acquisition was completed on March 9, 2021. Microsoft’s announcement of the planned acquisition and announcement that it was completed establish the timeline.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Sources and case-status limits
The procedural account above comes from the October 21, 2022 district court opinion reproduced by CaseMine. The acquisition dates come from Microsoft’s official announcements. Those sources establish the arbitration order and completed acquisition, but not what ultimately happened in arbitration or whether a later court filing changed the case’s status.
Quick Recap
Best Value
- Next generation of open-world gaming
- Developed by Bethesda Game Studios under the direction of Todd Howard
- Fallout 4 is the follow up to the 2008 'Game of the Year' Fallout 3
- First title from the world-renowned studio since the release of Elder Scrolls V: Skyrim
Rank #4
- GOTY edition includes original game on disc and all available DLC as download codes.
- Do whatever you want in a massive open world with hundreds of locations, characters, and quests. Join multiple factions vying for power or go it alone, the choices are all yours.
- Be whoever you want with the S.P.E.C.I.A.L. character system. From a Power Armored soldier to the charismatic smooth talker, you can choose from hundreds of Perks and develop your own playstyle.
- An all-new next generation graphics and lighting engine brings to life the world of Fallout like never before. From the blasted forests of the Commonwealth to the ruins of Boston, every location is packed with dynamic detail.
- Intense first or third person combat can also be slowed down with the new dynamic Vault-Tec Assisted Targeting System (V.A.T.S) that lets you choose your attacks and enjoy cinematic carnage.
Product prices and availability are accurate as of the date/time indicated and are subject to change. Any price and availability information displayed on Amazon at the time of purchase will apply.
