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View Poll Results: Who is telling the truth, Clonie or FTP ?
Clonie Gowen 203 63.84%
Full Tilt Poker 115 36.16%
Voters: 318. You may not vote on this poll

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Old 11-15-2008, 02:34 PM   #151
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Re: Clonie suing Full Tilt

Clonie really needs to start paying more attention to the players, rather than just trying to play her cards. The sharks over at FTP reeled her in with what she believed to be a high equity play, but has resulted in a vicious slowroll as FTP showed down the non-existent, fictitious contract and she was left looking like she'd dragged herself from the bottom of the river.

If she took the time to rethink her sessions the following day and could actually remember any of the disgusting plays she made over the course of the night, she might one day not be regarded as such a loose, spewy player on the circuit.
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Old 11-15-2008, 02:35 PM   #152
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Re: Clonie suing Full Tilt

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Originally Posted by Analyst View Post
Was this one done on a contingency fee basis?
Heh, yes.
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Old 11-15-2008, 02:37 PM   #153
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Re: Clonie suing Full Tilt

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Originally Posted by BrutalPokerAnalogy View Post
Clonie really needs to start paying more attention to the players, rather than just trying to play her cards. The sharks over at FTP reeled her in with what she believed to be a high equity play, but has resulted in a vicious slowroll as FTP showed down the non-existent, fictitious contract and she was left looking like she'd dragged herself from the bottom of the river.

If she took the time to rethink her sessions the following day and could actually remember any of the disgusting plays she made over the course of the night, she might one day not be regarded as such a loose, spewy player on the circuit.
Johnny Hughes has a gimmick?
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Old 11-15-2008, 02:38 PM   #154
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Re: Clonie suing Full Tilt

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Originally Posted by srw5n View Post
Agreed. Void for vagueness is far more of a concern than SOF. In any event, the benefits of equitable relief...see unjust enrichment.
Either void for vagueness or no-contract because there's no agreement (or an open dispute) as to a material term. Potentially, though, this contract is pretty simple. Interesting: what's Clonie going to say about what she had to do? How long did she have to continue to promote FTP to get her award? Forever? If never discussed, her performance obligation may be illusory; I might consider arguing no consideration.

She did perform, though. I like cases like these; fun issues to think about.
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Old 11-15-2008, 02:38 PM   #155
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Re: Clonie suing Full Tilt

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Originally Posted by Howard Treesong View Post
I don't think so. The transfer of ownership could easily happen within one year.
Yeah, but doesn't performance depend on how long she agreed to be a FTP celebrity representative? e.g. if she agreed to be a ftp representative for 367 days, the contract wouldn't be performable within a year?
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Old 11-15-2008, 02:39 PM   #156
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Re: Clonie suing Full Tilt

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Originally Posted by OneChipWarrior View Post
Where the F is my popcorn!?


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Old 11-15-2008, 02:42 PM   #157
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Re: Clonie suing Full Tilt

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Originally Posted by Howard Treesong View Post
Heh, yes.
Howard, you're still a bit behind Joe Jamail on the 11-figure judgment Pennzoil got back in the 80s, also on breach of an oral contract.
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Old 11-15-2008, 02:47 PM   #158
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Re: Clonie suing Full Tilt

OK, by popular request, I uploaded the case complaint from PACER onto that megaupload thing.

File is LOLDocuments.pdf

I think this is the link
http://www.megaupload.com/?d=N3X7W3CF
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Old 11-15-2008, 02:51 PM   #159
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Re: Clonie suing Full Tilt

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Originally Posted by eastern motors View Post
Sounds like Clonie is going to have a big statute of frauds problem. No written contract and she even states that there was no performance. Clonie is screwed at first glance.
Umm, this isn't for a sale of goods? How did the lawyers here miss that? Statute of Frauds doesn't apply. Stock doesn't count as goods I don't think.

The people saying that we really can't say much based on the complaint are right imo. However it seems like a pretty straight forward argument here:

They promised I own 1% of the company. Everyone else got payouts of dividend (?) based on this, except me. They terminated the agreement, without giving me 1% of the company. I performed my end (wearing the gear, them using my image etc), they aren't paying up.

All us law donks know that you can definitely have an oral contract for stuff like this. Courts can definitely look at the situation and try to figure out if a contract exists.
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Old 11-15-2008, 02:52 PM   #160
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Re: Clonie suing Full Tilt

Clonie was left out of FT promotions during the 2008 WSOP. At that time, the press was asking questions but getting no answers. Some people knew something was up, but even Clonie wasnt talking.
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Old 11-15-2008, 02:54 PM   #161
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Re: Clonie suing Full Tilt

That's a lot of rake boys and girls. Glad to see we're getting some entertainment for our hundreds of thousands in rake. Is it worth it though?
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Old 11-15-2008, 02:56 PM   #162
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Re: Clonie suing Full Tilt

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Originally Posted by Dave D View Post
Umm, this isn't for a sale of goods? How did the lawyers here miss that? Statute of Frauds doesn't apply. Stock doesn't count as goods I don't think.

The people saying that we really can't say much based on the complaint are right imo. However it seems like a pretty straight forward argument here:

They promised I own 1% of the company. Everyone else got payouts of dividend (?) based on this, except me. They terminated the agreement, without giving me 1% of the company. I performed my end (wearing the gear, them using my image etc), they aren't paying up.

All us law donks know that you can definitely have an oral contract for stuff like this. Courts can definitely look at the situation and try to figure out if a contract exists.
A contract for the sale of goods is usually one type of contract for which a writing is required. There are several others (marriage, can't be performed less than year, land, etc.). I think you are thinking about the UCC statute of frauds, and not a more generic state statute of frauds.
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Old 11-15-2008, 02:56 PM   #163
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Re: Clonie suing Full Tilt

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Originally Posted by STOPRAKEGREED View Post
Glad to see we're getting some entertainment for our hundreds of thousands in rake.
Yeah. "Hundreds of thousands".

Bill Cosby: So how much money does your daddy make in one year?
3 Year Old Child" At least a hundred dollars!


... they sure say the darndest things!
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Old 11-15-2008, 03:00 PM   #164
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Re: Clonie suing Full Tilt

Who wants to bet that Mark Sief has a peice of Clonie in this lawsuit?

And to add my two cents. You don't need a written contract for everything, there's the whole argument of an implied contract. Irregardless the fact that Howard offered her a cash settlement says that they knew about this issue. No clue why she waited so long... but I'm sure more details will surface later.
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Old 11-15-2008, 03:11 PM   #165
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Re: Clonie suing Full Tilt

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Who wants to bet that Mark Sief has a peice of Clonie in this lawsuit?

And to add my two cents. You don't need a written contract for everything, there's the whole argument of an implied contract. Irregardless the fact that Howard offered her a cash settlement says that they knew about this issue. No clue why she waited so long... but I'm sure more details will surface later.
From what I learned you can't use a discussion of settlement in a trial.
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