Gearbox Software attorneys have filed multiple claims requesting that the developer be removed from a class action lawsuit related to Aliens: Colonial Marines. The lawsuit alleges that Aliens: Colonial Marines was falsely advertised through demos at events like PAX and E3.

The request states that Gearbox Software was merely the developer for Aliens: Colonial Marines and had no part in its marketing.

For more than a year, Gearbox has quietly abided the plaintiffs' claims so that Sega, the game's publisher and the party responsible for the game's marketing and sale, could assume the defense of this lawsuit. Gearbox has honored its publisher's request in spite of plaintiffs' highly-publicized-and highly-misplaced-claims against Gearbox. At this point, however, Gearbox is obligated to pursue its rightful departure from this case.

The lawsuit also alleges that Gearbox Software diverted money away from Aliens: Colonial Marines to fund the development of other titles. Vice president for marketing at Gearbox Software Steve Gibson argued that these claims are false, instead stating that it funded part of the game's development itself.

During the development process, Gearbox supplemented Sega's development budget with its own money to help Sega finish its game; Gearbox's contributions to A:CM totaled millions, none of which was ever repaid.

Another motion filed by Gearbox Software requests that the lawsuit lose its class-action status.