Quote:
Originally Posted by J_Phil
I frankly didn't read through all of your hypotheticals one by one... Moot point.
As far as we know - the Borgata cannot definitively say when the chips entered play. Thus - how could anyone determine who was or was not impacted? Or who busted out before/after they were introduced?
That point is central to my whole argument - If the casino cannot determine the scope of the impact - then we have to assume every player could have been impacted. It's as simple as that. They would need to be able to show some evidence about which players were/were not impacted if someone brought a negligence suit against them.
There are any number of actions the Borgata could have taken - more staff in place, better trained dealers, more secure chips, better chip accounting. Your benchmark of "the standard of care of other casinos" is wildly irrelevant. This event is precedent setting.
I don't think it will be difficult to prove negligence here given the visual and anecdotal evidence. (Chips didn't look similar, dealers didn't respond to concerns from players, etc.)
I think you need to come off your high horse.
Not on a high horse. I have attempted to engage in a discussion about how the law actually works as far as determining if someone has a cause of action, and if so, how their damages would be calculated. You obviously aren't interested for whatever reason in an actual legal discussion, since you responded without even reading. Way to participate. If you would like to reread my hypotheticals and answer what you think your damages would be, go ahead. It will be educational for at least one of us.
And again, you are completely incorrect. Industry standard is not dispositive, but certainly is HUGELY relevant in a negligence case. If 5000 tournaments are run with procedure A with no problems, and the 5001st tournament is also run with procedure A and there is a problem, surely you can understand why it's a problem to say WELL THEY SHOULD HAVE KNOWN BETTER THAN TO USE PROCEDURE A.
I have yet to see a comparison of the chips. It is possible that they are blatant enough to raise negligence on that basis. In the picture with the darker chips and the 'shiny' one, I have heard lots of people say the shiny ones were given out by the casino and are not the counterfeits.