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Clonie suing Full Tilt Clonie suing Full Tilt
View Poll Results: Who is telling the truth, Clonie or FTP ?
Clonie Gowen
203 63.84%
Full Tilt Poker
115 36.16%

11-15-2008 , 12:37 PM
Quote:
Originally Posted by InKaL
don't have much to say, guess i'll cu in 2010
[x] Funny
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11-15-2008 , 12:38 PM
Quote:
Originally Posted by YouCheckIRaise
I dont know about US contract law, but i can tell you for a fact under UK Contract law any agreement met by 2 parties verbally is legally binding by law so long as each party has grounds to have understood the terms and conditions fully.
The US is fairly similar. Certain types of contracts can't be done orally (contracts for the sale of land, for example) but the general rule is that oral contracts can be perfectly binding. They're much harder to prove up as a matter of evidence and subject to defenses that written contracts typically don't face, but there's no reason an oral contract here can't be enforced.

Anyone opining conclusions as to what should happen here based on the complaint is an idiot. There are all kinds of potential complexities that could easily determine the outcome.
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11-15-2008 , 12:40 PM
NVG morons arguing verbal $40 million contracts are standard...this is so so good. 5 stars.
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11-15-2008 , 12:41 PM
i hope she brings down that whole site.
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11-15-2008 , 12:42 PM
Quote:
Originally Posted by Self Made
- She doesn't have a written contract for that 1%. She claims no one else does either. I don't find that to be credible: who, other than Clonie, does a deal that important without a written contract?
In certain very lucrative businesses, writing things down is not in anyone's long term interest.
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11-15-2008 , 12:50 PM
Quote:
Originally Posted by Self Made
I'm not wat....
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11-15-2008 , 12:54 PM
Quote:
Originally Posted by Howard Treesong
The US is fairly similar. Certain types of contracts can't be done orally (contracts for the sale of land, for example) but the general rule is that oral contracts can be perfectly binding. They're much harder to prove up as a matter of evidence and subject to defenses that written contracts typically don't face, but there's no reason an oral contract here can't be enforced.

Anyone opining conclusions as to what should happen here based on the complaint is an idiot. There are all kinds of potential complexities that could easily determine the outcome.
If oral contracts count in the US then Clonie has a lot. First of all she was representing FTP. Obviously she didn't do it all by herself (like a pokerfan wearing Full Tilt clothes). Therefore it can be assumed that a negotiation and aggreement has happened between her and FTP. If the exact numbers of the aggreement are not available the court can estimate them in a reasonable way.

And don't to take NVGs right away to make crazy conclusions!
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11-15-2008 , 12:54 PM
Quote:
Originally Posted by mossymoo
yay we finally have a telephone number for FTP
this post deserves more
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11-15-2008 , 12:55 PM
Quote:
Originally Posted by bigdonk
If oral contracts count in the US then Clonie has a lot.
epic
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11-15-2008 , 01:03 PM
Quote:
Originally Posted by bigdonk
If oral contracts count in the US then Clonie has a lot. First of all she was representing FTP. Obviously she didn't do it all by herself (like a pokerfan wearing Full Tilt clothes). Therefore it can be assumed that a negotiation and aggreement has happened between her and FTP. If the exact numbers of the aggreement are not available the court can estimate them in a reasonable way.
There is a huge difference between an agreement to endorse a product and receiving payment for said endorsement and ownership.

I suspect that the payment history vs others will indicated if she was paid for endorsements plus ownership or endorsements only, however, that is complete conjecture. Furthermore, FT would have to have a strong case and big balls to want this to be public. My guess is that part of her leverage is that FT will not want this public.

This is what happens when a start up becomes a billion dollar company quickly. There is huge money, therefore, there are lawsuits.
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11-15-2008 , 01:05 PM
In the Complaint, Clonie alleges that none of the owners of Tilt and its related entities have written contracts, which makes perfect sense given the legal issues. She also basically alleges that she has not been paid one cent for being a member of Team Full Tilt -- that her only compensation was the 1% ownership stake she was promised.

Nice job not settling with her and allowing this to get filed.
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11-15-2008 , 01:05 PM
so somebody tells you, you get 1 % of a company for promoting them. you should get a written contract but they forget to give it to you, and you dont mind that???

why would you even start to wear ft-gear and stuff before you have youre contract? can anybody imagine this to happen in sports like football, golf, basketball or whatever. is this really how business is done in poker, with big companies like ftp???

if we look at the ub-scandal and how even a huge site like ftp does business, it becomes very clear that regulation is pokers only chance. because no gvt. in the world will allow businesses be run like that for ever. and rightly so.

i mean gowen is just stupid for not getting something signed, but ftp as a huge company doing business like this is equally bad.
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11-15-2008 , 01:09 PM
Quote:
Originally Posted by bigdonk
If oral contracts count in the US then Clonie has a lot. First of all she was representing FTP. Obviously she didn't do it all by herself (like a pokerfan wearing Full Tilt clothes). Therefore it can be assumed that a negotiation and aggreement has happened between her and FTP. If the exact numbers of the aggreement are not available the court can estimate them in a reasonable way.

And don't to take NVGs right away to make crazy conclusions!
An promise for 1% of FTP may well be worth zero. Suppose FTP has a contract with the software entity to ship the software entity $50M a month as lease payments; in that case, it's ownership in the software entity and not FTP itself that matters. I'm making that fact up, of course; but it seems to me that without knowing the exact terms of the promise and the corporate structure, there's absolutely no way to ballpark the outcome here.

Obviously, CG was affiliated in some way with FTP. We don't know what she's already been paid for that affiliation, so that fact in and of itself doesn't mean FTP is liable to her.
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11-15-2008 , 01:10 PM
LOL @ 275k to settle. get money clonie.
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11-15-2008 , 01:13 PM
Quote:
Originally Posted by The4thFilm
NVG morons arguing verbal $40 million contracts are standard...this is so so good. 5 stars.
Go take a look at the CCT v. Lockheed case in the 9th Circuit from '02. That's a $64.5M jury verdict based on an oral contract, won by yours truly. Ever hear of Texaco v. Penzoil? That was a $multi-billion verdict based on an oral contract. I wouldn't say those cases are routine, but they happen from time to time and oral contracts absolutely are enforceable. So please STFU.
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11-15-2008 , 01:14 PM
Can somebody post the complaint for people who dont have a PACER acces please
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11-15-2008 , 01:16 PM
Quote:
Originally Posted by Todd Terry
In the Complaint, Clonie alleges that none of the owners of Tilt and its related entities have written contracts, which makes perfect sense given the legal issues. She also basically alleges that she has not been paid one cent for being a member of Team Full Tilt -- that her only compensation was the 1% ownership stake she was promised.

Nice job not settling with her and allowing this to get filed.
I had this reaction too, Todd -- but the trouble is, we don't know what the promise was. It may have been something entirely different from what Clonie pled.
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11-15-2008 , 01:16 PM
Quote:
Originally Posted by Howard Treesong
Go take a look at the CCT v. Lockheed case in the 9th Circuit from '02. That's a $64.5M jury verdict based on an oral contract, won by yours truly. Ever hear of Texaco v. Penzoil? That was a $multi-billion verdict based on an oral contract. I wouldn't say those cases are routine, but they happen from time to time and oral contracts absolutely are enforceable. So please STFU.
You forgot Kim Basinger.
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11-15-2008 , 01:16 PM
Quote:
Originally Posted by jonathanb
Can somebody post the complaint for people who dont have a PACER acces please
This ^^
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11-15-2008 , 01:18 PM
Quote:
Originally Posted by Todd Terry
You forgot Kim Basinger.
Heh, that too. I can't say I litigated that one, though, even though I'm the best lawyer ever to have posted in this thread.
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11-15-2008 , 01:19 PM
Did she list a Buy It Now price?
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11-15-2008 , 01:20 PM
Quote:
Originally Posted by amulet
A few of the original investors (players) put up amounts like 30K for 1%.........owning 1% gets paid about 160K to 200K per month, and is worth between $30 and $50 million.

Solid return on investment, IMO.
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11-15-2008 , 01:21 PM
Even if there was a contract (her claim there was one doesn't mean there was one), she only claims to have been offered equity in FTP and Tiltware. It sounds like Kolyma is the entity making payments. Though her lawyers don't appear to actually know.
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11-15-2008 , 01:32 PM
She'll win the court case and then they'll arrest her for being a US citizen and illegally owning an online casino.
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11-15-2008 , 01:33 PM
Quote:
Originally Posted by Watchmaker
Also, anyone wanna bet that the OP's IP address resolves either to Vegas or Texas? Pretty strange that there hasn't been any public chatter about this, yet the Justia data is posted as a "question" within 24 hours of the papers being filed. Obviously, OP is an interested party of some kind, acting on the behalf of an interested party or closely connected to an interested party.

(or maybe just knows someone who knows someone who talked about it earlier today and did a Justia search)
I'll take that bet. How much do you want to wager - 4 Billion dollars?
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