Cases + Rulings Posts

TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim

May 19, 2014

TCPA Plaintiff Loses—Express Consent Given to Health Insurance Plan Trumps Claim

In a recent case in the U.S. District Court for the Eastern District of Missouri, the district court held that the plaintiff’s Telephone Consumer Protection Act (“TCPA”) claim should be dismissed. The court ruled that the plaintiff gave prior express consent when she agreed to the terms of her health insurance plan, which stated that…

Federal Government Blocks International Online Gamblers, Cheyenne and Arapaho Tribes Sue

Jan 3, 2014

Federal Government Blocks International Online Gamblers, Cheyenne and Arapaho Tribes Sue

The Cheyenne and Arapaho Tribes have filed suit against Secretary of the Interior Sally Jewell after the Department Interior blocked their effort to offer real-money online gaming to international customers. The Tribes were prepared to launch Pokertribes.com after coming to a revenue-sharing agreement with the state of Oklahoma.  Pursuant to the terms of the agreement,…

Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada

Dec 11, 2013

Taking Advantage of a Video Poker Glitch Can Land you in Jail in Nevada

Last month, federal prosecutors in Nevada filed a motion to dismiss an indictment that shined a bright light on overly broad federal criminal statutes and the abuse of prosecutorial discretion in using them. John Kane and Andre Nestor were each charged in an indictment in January 2011 with one count of conspiracy to commit wire…

Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

Mar 4, 2013

Va. Court Declines to Decide Status of Poker Under State’s Gambling Law

On February 28, 2013, the Virginia Supreme Court issued an opinion in which it declined to address the legality of playing poker in the state but left open the possibility for the issue to be decided in a future case. The full opinion in the case, Daniels v. Mobley, is available here. Charles Daniels, a…

Founding Partner Jeff Ifrah: Why the DOJ Settlement With Poker Stars is a Win-Win

Sep 7, 2012

Founding Partner Jeff Ifrah: Why the DOJ Settlement With Poker Stars is a Win-Win

When online gaming is successful, Ifrah says, players participate in all aspects of the industry – including in the casinos. This is a great development for the gaming industry and great for business and for the nation’s economy.

Department of Justice Enters Historic Agreement with PokerStars, Full Tilt Poker

Jul 31, 2012

Department of Justice Enters Historic Agreement with PokerStars, Full Tilt Poker

Full Tilt Poker, PokerStars, and the U.S. Department of Justice announced today that PokerStars will acquire Full Tilt Poker’s assets in a transaction that ends the DOJ’s civil forfeiture case against Full Tilt.  Both Full Tilt and PokerStars ran online poker sites in the U.S., and in 2011 the DOJ charged both of them with…

New York Mah Jong Ruling May Help Cause of Online Poker

Jan 29, 2012

New York Mah Jong Ruling May Help Cause of Online Poker

Mah Jong, the ancient Chinese tile-based table game, can now count itself as a winner in the old debate of games of skill vs. games of chance, according to a New York state judge, who recently ruled that the game demands more than luck. On January 4, 2012, Criminal Court Judge John H. Wilson declared…

Illinois Court Ruling Upholds State’s New Video Gaming Act

Aug 2, 2011

Illinois Court Ruling Upholds State’s New Video Gaming Act

In a 7-0 decision, the Illinois Supreme Court recently upheld legislation that will allow video gaming in the state for the first time. Earlier this month, the court ruled in favor of the Illinois legislature’s 2009 omnibus bill for funding capital projects that included the Video Gaming Act. The legislation had been challenged by Chicago…

Not so Fast Kentucky

Nov 2, 2009

Not so Fast Kentucky

When the Commonwealth of Kentucky petitioned the Franklin Circuit County Court to seize www.fulltiltpoker.com, Pocket Kings Limited, asked a U.K Chancery Court to injoin FTP’s registrar, Safenames Limited, from complying with the Kentucky trial court order.  In an order dated October 22, 2009, the Chancery Court granted Pocket King’s request and declared that Safenames shall not comply…

Kentucky Supreme Court Considers Poker

Nov 2, 2009

Kentucky Supreme Court Considers Poker

On October 22, 2009, the Supreme Court of Kentucky heard oral arguments in the above referenced case. The case originated when the Commonwealth of Kentucky filed civil seizure and forfeiture proceedings against 141 domain names – virtually all of which offered or involved internet gaming. The Commonwealth contended that domain names constitute gambling devices under…