While this was a pretty stupid move on ZeniMax's part (come on, how hard would it have been to consult the dude first?), I think Dion is going to have a pretty hard time prove damages in excess of a million dollars.
According to the suit, DiMucci entered an agreement via UMG Recordings to license the song for the “Fallout 4” commercials. However, the suit says, under the agreement DiMucci had the right to separately bargain with ZeniMax for a better rate, and to prohibit the use of the song unless his terms were met first. The suit says that ZeniMax failed to separately bargain with DiMucci, and failed to obtain his advance consent before the commercials ran.
