Infinity Ward heads Vince Zampella and Jason West has now, along with current members of the team, sued Activision for breach of contract.

G4TV got their hands on a lawsuit filed in the Los Angeles Superior Court by 38 plaintiffs, reffered to as “Infinity Ward Employee Group”  (IWEG).

Allegedly, the employees of Infinity Ward have received $28 million in bonuses from Activision, and are claiming to be owed another $54 million from just 2009. The rest of the amount is claimed for various reasons, ranging from “lost value on restricted stock units that Activision promised would vest” to Modern Warfare 2‘s “sister games,” which seems to include the yet unannounced Modern Warfare 3.

They want more than $54 million, however. The IWEG is looking “to recover between $75 million and $125 million, if not more, in compensatory damages.” That number’s derived from:

  • Unpaid bonuses from 2009 and 2010 sales generated by Modern Warfare 2 — fourth quarter 2009 and first quarter 2010, specifically.
  • Bonuses “due and owing to them” past first quarter 2010.
  • “Bonus/royalty/profit participation” related to “technology/engine” royalties, “other special performance bonuses,” “other studio bonuses” or “any other bonus/royalty/profit participation.”‘
  • Lost value on “restricted stock units” that Activision “promised” would vest (read: own it in your own name and purchase it from Activision) when Modern Warfare 2 sales eclipsed Modern Warfare 1, which “has long ago occurred.”
  • Money owed as it relates to Modern Warfare 2 “sister games, including but not limited to” the oft-mentioned Modern Warfare 3, “if Modern Warfare 3 is ultimately delivered and marketed.”
  • Interest rates related to the above sums of money.

Activision has just recently issued a brief response to the lawsuit:

Activision believes the action is without merit,” said a company spokesperson over e-mail just moments ago. “Activision retains the discretion to determine the amount and the schedule of bonus payments for MW2 and has acted consistent with its rights and the law at all times. We look forward to getting judicial confirmation that our position is right.

Follow the story on G4TV.