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Illinois Pokerstars Case Update

Wednesday January 20 ,2016 : CHANCERS LOSE OUT IN ILLINOIS POKERSTARS CASE (Update)
 
Appeal court upholds lower court rejection of Sonnenberg and Fahmer claims.
 
A long-running Illinois court action against Pokerstars and its parent group Amaya Gaming reached another milestone last week when the Seventh Court of Appeals supported lower court rulings that Judy Fahrner and her son Daniel, and Kelly Sonnenberg and her son Casey cannot recover money lost gambling on the internet poker companies' websites back in 2011.
 
Our  readers may recall that the plaintiffs sought to exploit an Illinois statute, the Illinois Loss Recovery Act, which enables individuals to sue to recover illegal gambling losses... including other gamblers’ losses.
 
In the first round of the fight, plaintiff's filed litigation in 2012, but the claims were rejected because they had failed to meet a six-month deadline for direct claims after the gambling took place.
 
However, the courts empowered the mothers of Daniel Fahmer and Casey Sonnenberg to continue the action on the basis of their son's losses, and it is this case that the  three-strong  Appeal Court panel of judges has rejected.
 
The publication Court House News reports that in essence, the judges found that Pokerstars and Full Tilt Poker (as it was then) were operators and not direct playing competitors of the plaintiffs.
 
The companies may have taken a rake, but they were not the "winners" against the plaintiffs in the sense intended in the statute, they found. The companies were the "keepers of the house" and not the direct playing party that bested the plaintiffs, the judges found.
 
In other words, rake constitutes charging a fee for providing a service or facility, and is not the same as directly playing and winning a poker game against an opponent.
 
The judges also expressed reservations on the impact of a favourable ruling for the plaintiffs under the statute, fearing the possibility that such a precedent might encourage others to gamble online in the knowledge that they could subsequently claim back any losses.
 
 "Hordes of new gamblers might be enticed to gambling websites if gamblers couldn't lose any money there because the hosts of the websites would have to reimburse any losses they incurred," the judges warned.
 
The court also examined the historic context of the Illinois Loss Recovery Act, pointing out that times, circumstances and attitudes to gambling have changed and commenting:
 
"A gambler knows that the money he puts in the pot is at risk. It is not a risk he has to take; he takes it because he hopes to win the pot, or simply because he likes gambling or risk taking in general. If he loses $50 he may well say to himself 'I'd rather have won, but $50 wasn't too high a price to pay for a night of gambling, and en route to losing $50 I did after all win some nice pots and get compliments from the guys I was playing with.'"
 
The Illinois case is broadly analogous with a similar claim being made by the state of Kentucky against Amaya gaming, where the state is trying to use a similar state statute to claim for itself all the monies lost by Kentucky online poker players on Pokerstars and Full Tilt websites back in 2011
 
That case is still developing, but a lower court has awarded the ridiculous sum of $870 million against Amaya, a sum outrageously larger than the amounts wagered, according to Amaya

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Gambling News :

Unibet Name Changed to Kindred Group plc - Following an extraordinary general meeting at which shareholders approved the change of the Unibet title and brand to Kindred Group plc, the online gambling group will begin trading under the new name on December 12.

Kenya Betting Control Board Reviewing Changes - Kenya's booming sports betting sector could be facing stiffer government controls, especially regarding marketing, advertising and promotions, according to local media reports revealing that parliament is studying potential amendments to the Betting, Lotteries & Gaming Act.

Britan To Tighten SpreadBetting Controls - The UK media reported widely Tuesday that Britain's Financial Conduct Authority has announced a crackdown on spread betting using contracts for difference (CFDs) following FCA research that showed 82 percent of clients had lost money in the sector.

Playtech to Buy Back 50 Milliuon in Shares - #playtech In a statement, the company said that the decision reflects continued confidence in the growth and prospects of the business and its high cash generation, and revealed that it continues to trade in-line with expectations.

Sentencing in Vietnam Gambling Bust - The People’s Court in HCM City handed down sentences Monday to dozens of defendants linked to a major online sports betting ring dismantled last year by Vietnamese police.

Gamevy in Deal With Betsson - #Gamevy says it is partnering with several leading operators to deliver bespoke content that offers a real point of difference to players and increases brand loyalty.

Pkr To Offer Virtual Sports - #pkr The long established and respected online poker and casino operator PKR.com has followed its switch to Microgaming's MPN network earlier this year and the more recent launch of its live dealer offering with a new Virtual Sports attraction powered by Kiron Interactive.

Boris Becker New PartyPoker ambassador - #partypoker To celebrate the signing PartyPoker has created a Beat the Ace competition in which players get the opportunity to test their skills and luck in four $5,000 freerolls which started December 5. The overall winner will then get to play Becker heads up live in Germany for up to $25,000.

Snowmania Slot Launches - Capturing the festive feel in the now chilly northern hemisphere, RealTime Gaming has released its December offering, a 5 reel, 20 pay-lines online slot with a jackpot of 37,500 coins.

SportPesa is negotiating a major sponsorship deal with Everton - #SportPesa The Kenyan retail and online sports betting firm SportPesa is in the football sponsorship headlines again just days after news that it has inked a multi-million pound partnership with Hull City FC.

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