According to court documents obtained by The Blast, a court order states that Hart’s former business partner, Stand Up Digital, has shown enough at the point to have their battle continue.
The judge did dismiss one claim, breach of contract, but ordered the remaining three counts against Hart to remain.
In their original lawsuit, Stand Up Digital claimed they entered into a deal with Hart and his partner, Wayne Brown, to launch a game called “Gold Ambush.” The game was to feature the comedian and his family as characters.
Stand Up claimed to have spent over $1.25 million on developing the game, which was set to launch in September 2017.
They claimed the app failed because Hart confessed to an extramarital affair — and that he was being extorted over a sex tape — just one month before the app was due to launch.
They accused Kevin Hart of refusing to communicate with them following his confession and sued for damages in excess of $7.2 million.
Hart responded to the lawsuit — and filed a counter-suit of his own — saying he that he “suffered through an extremely difficult period in his life, where he was subjected to attempted blackmail to prevent disclosure of an extramarital affair.”
Hart says the company refuses to take responsibility for the failure of the app when it was “released into an app market where the overwhelming majority of gaming apps make insignificant revenue, and the few successful games, such as ‘Game of War,’ have advertising budgets in the tens of millions of dollars.”
He claims the reason he didn’t inform the company of the ordeal prior to announcing it publicly was because he was assisting the FBI investigation and was not free to disclose any details.