Borgata Phil Ivey

Borgata Fires Back at Gemaco in Latest Phil Ivey / Edge-Sorting Filing

This week the parent company of New Jersey’s Borgata Hotel Casino & Spa has fired back at Kansas City-based playing card manufacturer Gemaco with the filing of a 34-page reply memorandum against a recent Gemaco filing that’s yet another act in the extended three-way battle in the high-profile Phil Ivey “edge sorting” case.

Both the Borgata and Gemaco have sought summary judgment against each other in recent months. Borgata was forced to move forward with its claim against Gemaco earlier this year after winning a $10.2 million judgment against Ivey and his edge-sorting partner, Kelly Sun. According to presiding judge Noel L. Hillman, Ivey’s appeal in the Phil Ivey portion of the case can not be allowed to move forward until the Borg’s separate claims against Gemaco have been resolved, and due to the complicated relationships between the three sides in this legal trial, a Borgata-v.-Gemaco trial appears increasingly likely.

The bulk of the latest filing by the attorney representing Borgata’s interests, Jeremy Klausner, asserts that Judge Hillman must rule according to the letter of the NJAC (New Jersey Administrative Code), which asserts that cards used in casinos must be identical. That the letter and spirit of the New Jersey gambling code being debated here are in conflict is unquestioned; after all, it’s a physical impossibility to cut cards to perfect symmetry.

Klausner and the Borgata are thus invoking an unobtainable standard in attempting to achieve their means. Most of this brief is more of that, including the trashing of expert opinions previously offered by Gemaco to that very effect.

What’s new here, in large part, are the more plaintive beseechings by the Borgata that the court must find Gemaco liable, as it did with Ivey and Sun, and then allow Gemaco and the Ivey/Sun team to duke it out in court over how much each party has to pay Borgata.

In the process, of course, the Borg continues to absolve itself of any responsibility or negligence in the entire, protacted edge-sorting affair, in which it catered to several extreme requests that anyone with an ounce of common sense would have seen in minutes had to be part of an edge-sorting scheme. That the security departments of several major casinos around the globe, including the Borgata, failed to display that common sense is one of the underreported aspects of the entire saga.

Regarding the Borgata’s ulterior desires, this excerpt is typical:

“The judgment against Ivey and Sun, however, does not relive Gemaco of culpability for its defective cards. Borgata is indifferent as to how the judgment is paid, whether by Gemaco, Ivey, Sun, or some combination. Accordingly, Defendants have cross-claims for contribution and indemnification to apportion fault among themselves.”

As does this:

“New Jersey law on apportionment of damages in cases such as this obviates Gemaco’s double recovery concerns. In cases involving a unitary injury caused by more than one actor, the burden of proof on apportionment shifts to the defendants and a plaintiff may hold each actor liable for the whole, leaving defendants to apportion liability among themselves. [citation] Defendants have unresolved cross-claims for contribution and indemnification to apportion fault among themselves. The issue of Gemaco’s liability to Borgata is what must be decided. Borgata is not involved in Defendants’ cross- claims and they do not prevent the Court from determining Gemaco’s liability to Borgata here.”

If anything, this latest filing just cements the battle lines that have already been drawn. The Borgata’s case against Gemaco depends almost entirely on whether the presiding judge takes as absolute and literal a line regarding the cards in question as he did in the Ivey portion of the case. The Borg rally doesn’t care who pays them the $10.2 million, but if Gemaco prevails, it would give Phil Ivey additional ammunition for his appeal.

More filings are due soon, in a first-of-its-kind case that’s rapidly turning into a legal wonder.

COMMENTS

Leave a Comment

*

LATEST NEWS

filter by

Dan Katz

22nd April 2019 // Industry, Legal News, News

Two Sports Betting Bills Active in Maine Legislature

As legalized sports betting continues to creep across the United States, lawmakers in Maine are looking to help their...

Haley Hintze

21st April 2019 // Industry, Misc, News, Online Poker Action

The Death of Seating Scripts a/k/a PokerStars Expands Script Ban

One of the topics we’ve wanted to explore in greater detail are the continuing changes to the playing environment...

Haley Hintze

21st April 2019 // Industry, Legal News, Misc, News

New Hampshire v DOJ Wire Act Lawsuit Update: The Skirmish Over ‘Whoever’

The ongoing legal battle pitting the State of New Hampshire against the DOJ and its January 2019 reversal opinion...

Haley Hintze

21st April 2019 // Industry, Misc, News

US-Based Anti-Fraud Group SWIMA Announces Its Official Launch

The United States-based Sports Wagering Integrity Monitoring Association (SWIMA) has announced its official launch as...

Haley Hintze

20th April 2019 // Legal News, Misc, News

Another Guilty Plea in Kansas Underground Poker Case

The prominent underground poker game centered in Wichita, Kansas, that was raided by authorities in 2017 after years of...

Dan Katz

19th April 2019 // Industry, News

Pennsylvania Sets Online Poker Launch Date for this Summer

Pennsylvanians can finally start getting their hopes up for online poker as date has finally been set for sites to flip...