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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Sat Jan 23, 2010 2:31 pm 
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sloppyJohn wrote:
BigJim wrote:
And some of these guys are expert card counters from over a decade ago.

Meaningless with the use of a hud

Card counters are Black Jack players. HUD has nothing to do with that; although, I'm not sure what his point was with the card counting, seems irrelevant all way around. Card counting is legal in every way shape and form, just not tolerated by casinos because the card counter has a slight advantage over the house.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Sun Feb 21, 2010 5:18 pm 
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Doesn't look like this case will progress very fast:

A "Conference-Case Management", whatever that is, is scheduled now for May 2010.

Quote:
Future Hearings

05/26/2010 at 09:00 am in department 61 at 111 North Hill Street, Los Angeles, CA 90012
Conference-Case Management


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Tue Apr 06, 2010 10:25 am 
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Some further development:

Latest:

http://www.mediafire.com/file/gcgqdxjgkmg/newmotion040210.zip

Hearing on dismissal was supposed to be today, but not sure now due to the latest news about the grand jury, and the latest motion filed by sillysal as a result of that.

And a new 2+2 thread:
http://forumserver.twoplustwo.com/29/news-views-gossip/news-court-probe-into-internet-poker-site-aimed-full-tilt-752507/

Interesting development. Today FT filed a response to the motion above, manually, meaning it is not in the public record yet, just a notice that it was done. And they are asking that the plaintiff motion already published (above) be sealed and removed from the public record, because of the "scandalous,false and improper allegations" it contains which may be damaging to their business.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Mon Nov 22, 2010 8:05 pm 
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I know this has been dead but just to close the topic.

The case was dissmissed.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Mon Nov 22, 2010 10:23 pm 
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From spadebidder's zip:

Quote:
The putative T&C which allegedly govern the Plaintiffs’ conduct are attached as an exhibit to the declaration of someone supposedly named Johan Sand. See Docket No. 37, Exh. A. Even a cursory review of the alleged T&C makes their defects obvious. The T&C supposedly create a contractual relationship between the player and “Full Tilt Poker”. However, nowhere in the T&C or the fulltiltpoker.com website can one identity who or what “Full Tilt Poker” is. Is it an individual doing business under a fictitious business name? A partnership? A corporation? The T&C are completely invalid because it is impossible to identity the identity of one of the supposedly contracting parties.

It is a basic rule of contract law that “[i]t is essential to the validity of a
contract, not only that the parties should exist, but that it should be
possible to identify them.” (Civ. Code §1558.)


Am I to understand the case was dismissed because FTP could not be identified?


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Tue Nov 23, 2010 6:55 pm 
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c2008 wrote:
Am I to understand the case was dismissed because FTP could not be identified?

If what you quoted is accurate, then yes.

Quote:
The T&C are completely invalid because it is impossible to identity the identity of one of the supposedly contracting parties.
That's an interesting point of view. I guess botting FT is fair game then [from a US law point of view] if you don't get caught.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Tue Nov 23, 2010 11:00 pm 
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@aiaiai, this doesn't look like not having a party to contract with:

Quote:
Please read these terms of use carefully before using this website.

These terms and conditions (“terms of use”) constitute a legally binding agreement between you and Oxalic Limited (“we”, or “us” or “our”) in respect of the websites accessible by persons situated in Germany from the following domain names: http://www.FullTiltPoker.com, http://www.fulltiltpoker.com/de, http://www.fulltilt.com and http://www.fulltilt.com/de (the “Websites”).

We are a company registered in Alderney with company number 1736. Our registered office is at Inchalla, Le Val, Alderney, Channel Islands, GY9 3UL.

We are the holder of an eGambling licence Number 073 duly issued by the Alderney Gambling Control Commission (the “AGCC”).

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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Wed Nov 24, 2010 12:47 am 
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Isn't the problem just that SillySal's lawyer filed rubbish?

http://playpokergirl.com/story/ wrote:
I know a little bit about law said:
Have you read what people have said about your attorney? "If lawyer Cyrus Sanai had much of a professional reputation before (which I doubt), its gone now." <http://patterico.com/2005/09/24/ouch-2/> "Sanai may be the living embodiment of the worst stereotypes of California lawyers, an arguably vexatious litigant who arguably abuses process and files frivolous motions to cause disruption to opponents." <http://www.popehat.com/2008/06/12/a-computer-is-a-dangerous-toy/> FYI: Your complaint is poorly written and will be easily challenged.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Wed Nov 24, 2010 5:47 am 
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Maybe it's because they're not incorporated in America? They go on to say the name attached to the company wasn't "identifiable" and their lawyers went to lengths to make this so. Maybe Oxalic Limited is just that... Smoke and mirrors?


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Wed Nov 24, 2010 5:40 pm 
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Can you post your source c2008 for the aforementioned quote ?


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Wed Nov 24, 2010 5:49 pm 
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Lack of service lack of jurisdiction ....no case


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Wed Nov 24, 2010 6:41 pm 
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aiaiai wrote:
Can you post your source c2008 for the aforementioned quote ?

It's in the zip above...
Quote:
Defendants have asserted as part of their motion certain Terms & Conditions they
allege apply to this case. However, the Terms and Conditions are void and unconscionable, as
they fail to identify the identity of the supposed counterparty. Inclusion of void or illegal clauses
in a consumer contract violate the California Consumer Legal Remedies Act (“CLRA”), which
makes inclusion of illegal, invalid or unconscionable provisions in a consumer contract a violation
of the act. Civil Code §1770(a). Under the California Supreme Court’s decision in Meyer v.
Sprint Spectrum L.P. 45 Cal.4th 634, 200 P.3d 295, 88 Cal.Rptr.3d 859 (2009), a consumer does
not have a cause of action under the CLRA for illegal, unconscionable,, or unenforceable
contractual provision unless and until the provision is enforced, or sought to be enforced, against
the consumer. Even then, the plaintiff must comply with the 30 -ay notice provision under Civil
Code §1782, which requires knowing the defendant companies’ real name and addresses.
This is
a dispositive issue as to multiple aspects of the motion, since Defendants have anchored their
defense from the first page of the notice of motion to their claim that Plaintiffs violated the Terms
and Conditions.
Thus, in order for plaintiffs to amend their complaint to add the necessary CLRA claim,
the Plaintiffs need to know the legal name and address of the entity which owns and operates “Full
Tilt Poker”. The Defendants’ attorneys have steadfastly refused to reveal this information.
Discovery is thus merited to learn this.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Thu Nov 25, 2010 5:15 am 
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This really is interesting, that either through error in the Plaintiff's filing or the Defendant's own measures, FTP is not easily identifiable to the American courts, and the lawyers can just refuse to cooperate, leaving this burden in the hands of the Plaintiff. This makes the prospect of shell corporations housed in other countries all that more enticing to conduct business. You could potentially just screw over all your consumers for the smallest reasons, and they would have little to no legal recourse.


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Thu Nov 25, 2010 8:17 am 
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I seriously doubt that it is really so hard to find who FTP is. Aside from insanity or incompetence, why would SillySal's lawyer file a case that can be shot down so easily? Also I haven't read the background, but I find it bizarre that the defendant is represented in court by his lawyers but can't be identified. If the defendant can't be identified why would he even need to be represented?


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 Post subject: Re: Sillysal files Lawsuit against FullTiltPoker
PostPosted: Thu Nov 25, 2010 10:56 am 
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Quote:
error in the Plaintiff's filing or the Defendant's own measures, FTP is not easily identifiable to the American courts, and the lawyers can just refuse to cooperate, leaving this burden in the hands of the Plaintiff


NO FTP is easily identifiable in American courts as was pointed out above. It is just that it was not easily identifiable in this case probably because, as we saw above, FTP is not in America and the court does not have Jurisdiction. Lh and then there is the little thing of the VERY BADLY drawn papers.

This case was never going to fly. It was always just a "fishing trip". Read my commentry even before the motion was filed.


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