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Deliverence Poke Case Against Michael Mizrachi Dismissed
Written On 3/31/11 By Anthony Aperman :
Benavides defeated in Texas court
Top poker pro Michael Mizrachi and Full Tilt Poker owners Tiltware LLC are off the hook in a breach of contract case over branding brought by Deliverance Poker last year
Judge James Nowlin of the US District Court for West Texas this week dismissed the Delverance claims, albeit without prejudice - a legal condition allowing Deliverance to resubmit its case if it can produce new and original evidence.
Judge Nowlin found that his court had jurisdiction in the case, and that the contract allegedly breached had not actually reached full 'activation'
“Deliverance Poker, LLC, is Carlos Benavides III’s dream of an online poker company that became a reality (on paper at least) when he caused the company to be organized under the laws of Texas,” Judge Nowlin's findings reveal.
He goes on to outline that Benavides needed a respected face associated with his venture that would enable him to inspire confidence and investment from interested parties, and Mizrachi provided that face, wearing branded apparel during the World Series of Poker championships in 2010 and signing a promotional agreement.
However, the agreement included a provision that if the capital required for the venture had not been raised and used on the Deliverance Poker project by August 2009, it would be regarded as terminated.
It was this clause that the judge relied on to find that the deal was unenforceable when Mizrachi accepted a better offer from Full Tilt and ended his Deliverance involvement, causing, in the judge's words a catastrophic failure of the Deliverance project:: “...marketing strategy collapsed, its investors fled, its website crumbled, and Benavides’ dreams were dashed.”
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Kentucky Derby Odds: Justify still Favorite -
With all the races on the Road to the Kentucky Derby complete, Justify is still on top of the odds list at 4/1. But he’s got company: Mendelssohn (9/2), Audible (11/2) and Magnum Moon (8/1) are all very much in contention for the big race on May 5.
888Poker Takes Over the States -
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MPN Poker Tour Bratislava | Day 2 -
It was a hard fight around the bubble, culminating in the elimination of Georgios Drakakis in 46th place. He received a surprise consolation entry into the next MPNPT stop in Sunny Beach, Bulgaria (5-8 July), which softened the blow of missing out on a €900 min-cash.
MPN Poker Tour Bratislava Day 1B -
Dorey Captures Chip Lead After MPNPT Bratislava Day 1b Triples 1a Field Size. The second flight of the €550 MPN Poker Tour Bratislava Main Event is in the bag, and so are the chips of 97 players who will be returning along with the 26 Day 1a survivors to fight to the money and beyond today
MPN Poker Tour Bratislava Day 1A -
The MPN Poker Tour has arrived in Bratislava for the very first time, bringing with it the Tour’s friendly mix of local and globe-trotting poker enthusiasts, pros and qualifiers to the beautiful Slovakian capital.
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