The latest twist to the story of the Aliens: Colonial Marines lawsuit came yesterday. Seems that Sega of America are prepared to pay a settlement to the plaintiffs before the suit comes to court.

Despite having not yet admitted to any wrongdoing with regards to the presentation of the much-maligned game last year, Sega have entered negotiations with the person who brought the lawsuit against them for around $1.25 million. If it’s approved then it’ll see them cleared of further litigation with regards to this case.

The class action lawsuit was brought against both Sega and Gearbox by John Locke and a second person as representatives of all those people who bought the game based on what the lawsuits claims were misleading trailers and gameplay footage presented at E3 and PAX the previous year. The second plaintiff had to drop out before it could be decided if the suit would go ahead and recently Gearbox have made an attempt to be exempt from it as well.

If the settlement is accepted then $312,500 will cover attorney fees, and the rest will be used to pay players who bought Colonial Marines before February 13, 2013, the day after its release. To receive their payment customers will need to fill in a three-question claim form and be approved, and will then receive compensation of exactly what they paid for the game. It’ll also mean that although Sega will be cleared of litigation Gearbox will be left to fight the case alone.