Quote:
Originally Posted by jjjou812
1. Because the payouts made already are impossible/impractical to claw back. Second, by doing so they create another 400 potential claims.
2. No viable negligence theories against the Borgata given the known facts. Proximate cause problems and available legal defenses make defending the case cost effective for defendant.
3. A diverse group of potential plaintiffs with small damage claims from multiple states are difficult to manage. It may have to be a collective action vs a class action
4. No other source to pay damages i.e. No insurance covers this loss. Other defendant(s) are deadbeats.
5. Rake of 300k could be returned but i consider that coming out of borgs pocket. But why would they if it doesn't resolve all the claims?
Impractical maybe but not impossible. Since the tourney was CANCELLED due to fraud, those pay-outs might be viewed as gains from a criminal activity. The gaming commission could direct that they be clawed back.
I don't believe the 400 players would have much of a case in court. Also, the relatively smallish amounts of the pay-offs would make it -EV to go to court. Borgata might offer comps of equal amounts to sooth the pain.
Most important, these decisions/actions are not Borgata's. A notice of a return of funds received from a criminal activity issued by a the NJ State Attorney General's office carries some serious weight. I don't think what is nice/negative PR or even "fair" matters a whole lot.
Cancelled is cancelled. Never happened. Return all buy-ins.
Then Borgata does what it can do to make it "right"