Duke Nukem Forever might as well be cursed. It has been delayed for over ten years since its initial announcement in 1997. Then, its developers, 3D Realms close down shop and drive in one more nail into the game’s coffin. Finally, according to Bloomberg, Duke Nukem Forever’s publisher, Take-Two Interactive, is suing the only company associated with the doomed project that has yet to go bankrupt: Apogee Software.

Take-Two is suing Apogee Software for the sum of $12 million. In their lawsuit, they claim that Apogee "continually delayed the completion date for the Duke Nukem Forever" and "repeatedly assured Take-Two and the video-gaming community that it was diligently working toward completing development of the PC Version of the Duke Nukem Forever."

Take-Two also says that they paid Apogee Software $12 million as apart of an agreement in 2007 for the publishing rights for Duke Nukem Forever. This means that the lawsuit is, at this time, only seeking to recoup on a lost investment.

Apogee was established in 2008 as a spin-off of its parent company, 3D Realms. 3D Realms closed their doors on May 6, firing their employees and terminating whatever projects they were working on, including Duke Nukem Forever.

3D Realms is hardly the only developers to go under due to failed projects this year. UK developer Free Radical Design was forced to close down (only to be later acquired by Crytek) after their Playstation 3 exclusive, Haze, bombed. Additionally, this week, developers Factor 5 closed down shop when their publisher, Brash Entertainment, went bankrupt. Factor 5 was responsible for making Lair, another Playstation 3 exclusive title that failed to sell as well as expected.