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JNandez - The Outcome of Lawsuit vs Upswingpoker JNandez - The Outcome of Lawsuit vs Upswingpoker

04-22-2023 , 10:18 AM
Can't wait for the Polker News breakdown on this.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 10:46 AM
Worst part about doug polk are his fans. His YouTube comments are a constant steam of praise for how entertained they are by his whole news reporter cadence shtick and his collection of tank tops. He thinks we think he's doing it ironically.

Second worst part of doug polk is he apparently pushed a crypto scam.

Third worst is probably this
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 10:48 AM
Quote:
Originally Posted by JNandez87

I will be answering questions posted here in the forum. I would appreciate if you read my twitter thread first.
1. Do you feel like you went the lawsuit route voluntarily to try to get compensation/clear your name, or do you feel like you were forced into it because of the suit filed against you?

2. Did you get any sort of cost/benefit analysis before you hired someone and filed where you assumed that x% of the time you'd spend Y to make Z, or was it more something that you felt you had to/want to do and you were ok with outlaying money without an expectation of return?

3. Did you seek out lawyers that had an understanding of poker, or did you just look for the best contract lawyers you could find with the assumption that the specificities of the plo content you produced were largely irrelevant to the issue at hand?

4. What was the day-to-day/week-to-week like of living in the middle of these lawsuits? Did you get frequent updates? How often did you have to do "official" type things like sit for depositions/go to a courthouse?
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 11:11 AM
Quote:
Originally Posted by TucoSalamanca
Brrrrrrreaking news: sociopath gets his hand caught in a cookie jar.

You can be sure that Doug won’t address this in any way but is just waiting and waiting for Jnandez to make a mistep that he can attack.

To be honest, my opinion of Jnandez was formed partially based on that smearing campaign and recently I have noticed that he is actually a pretty good dude.

Thank you JNandez for bringing this public.

How did you feel during all these when you knew you were right but still they are SUING YOU?

I REALLY appreciate those words. Thank you.

The first two years of the breakup and lawsuit were the most difficult in my life. The immense pressure I had to deal with, with this false public perception, the lawsuit, and the building of a new company, was overwhelming.

But I came out on the other side as a stronger, more stress-resistant individual. So, as they say, what doesn't kill you, makes you stronger. And that's certainly a fitting description of the situation.

Thank you for the kind words.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 11:13 AM
Quote:
Originally Posted by nuxxx
Good for you Fernando!

Appreciate all the excellent plo content
Thank you Nuxxx!
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 11:35 AM
fernando - very happy for you. ive been an off and on subscriber to mastermind for the past couple of years and your site is the only training site that ive found valuable enough to renew more than once and also refer my friends to join. in the couple of years that ive followed you its clear that you're one of the good guys in poker. thanks for the great content, im gonna renew my subscription today.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 12:06 PM
Quote:
Originally Posted by JNandez87
I REALLY appreciate those words. Thank you.

The first two years of the breakup and lawsuit were the most difficult in my life. The immense pressure I had to deal with, with this false public perception, the lawsuit, and the building of a new company, was overwhelming.

But I came out on the other side as a stronger, more stress-resistant individual. So, as they say, what doesn't kill you, makes you stronger. And that's certainly a fitting description of the situation.

Thank you for the kind words.
I don't really know you, or much about your content, or your relationship with the CoinFlex guy, but I have heard your name brought up in poker circles and I have only heard negative things about you up until this post.

I think the internet echo chamber and doug's social media influence is probably the reason for that. The stuff I remember hearing years ago was something about you scamming upswing or stealing their clients or something like that?

I don't know, then it turned into the classic Doug Polk pissing match with his fan-people portarying him as Jesus Christ and that's when I start tuning it all out.

It's interesting to see CoinFlex Doug's lies catch up to him.

I've always thought Doug is an incredibly skilled poker player but I think he should seek professional mental help.

I'm sure he's reading this forum on a burner account and every time someone calls him a psychopath, he probably slightly grins and takes it as a compliment.

Psychopaths can keep it together for many years, but no one is perfect and when psychopaths blunder, it's usually very very very bad for everyone involved. My concern is that CoinFlex D will misstep and he could be in a lot worse situation that this lawsuit and hurt a lot of people in the process.

CoinFlex Doug has essentially become the Tai Lopez of poker.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 12:45 PM
thats a bit over the top with psycho and will hopefully get deleted under new forum policies.

Im on neither side here and I dont know what exactly went down.

What I do know is that Doug was the supreme leader of internet poker broadcasting at the time.

Jnandez on the other hand was at that time nowhere to be found. I say that as a non plo player but still I know who was trending, he might have been the new hot **** player/coach on the horizon but nowhere anywhere near doug.

After the upwsing fallout he was everywhwere thanks to doug and upswing. So he used doug like an actress used weinstein, to become known. doug was the trampoline here, the hook, the step, the boost, and Jnandez should/could be really thankful for that booster imo.

So at the time Jnadez was a nobody in the poker world, at least to my knowledge, some plo players might disagree and tell me why hopefully. He had a couple courses at RIO, so what? he was one of thousands other coaches hoping to make it. Doug must have seen the potential, or they just met idk somewhere and they talked, and they thought they could work together. I remember doug giving him a platform, thats all, and all of the sudden he is everywhere- coincidence? clear no.

And I say that despite being upset with doug actually becuase he was not responding to my pleas here on this forum to help out a few players. But this need to be said.

Doug might be a douche and evil, I wouldnt know, same with Jnadez. I dont know neither person. I dont know who was right here, but at the time I had the impression it was hard to deal with so much money, and maybe doug tried to screw him over and J wasnt happy with his share of the deal. doug was the bigger name by miles and should have gotten a bigger cut for that, J should have taken what he could take imo. I really dont know what happened. J went and used all of this for his gains eventually imo.



And the case? lol you cant sue anyone for getting famous through you, through a failed deal. You can only attack other points which doug did here imo.

Last edited by washoe; 04-22-2023 at 12:50 PM.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 12:49 PM
It's ironic that a guy who made his money playing on gray-area poker websites, using gray-area crypto currencies, while promoting gray-area crypto exchanges, while operating a gray-area live poker room... has the audacity to accuse you of using exploiting a "loophole" in a pretty clearly worded contract.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 12:56 PM
whats he supposed to say other than loophole?

He got ditched, he hyped the guy up, gave him a platform, and then somehow he bailed on him. and then he had to watch how he does his own thing and says f u. Of course we dont know whos fault it was, the fallout- but thats what happened. maybe doug misplayed his hand here, by not having clear terms. the one who gained was Jnandez, right?
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 12:58 PM
anyway, get over it people. stop gossiping when you dont know.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:20 PM
This thread may very well generate heated discussion and posts highly critical of one or more parties in the lawsuit. Having said that, let's refrain from over-the-top characterizations such as "psychopath" and the like.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:47 PM
Quote:
Originally Posted by washoe

Doug might be a douche and evil, I wouldnt know, same with Jnadez. I dont know neither person. I dont know who was right here, but at the time I had the impression it was hard to deal with so much money, and maybe doug tried to screw him over and J wasnt happy with his share of the deal.
Oh man, if only a court of law could weigh both sides and come to a conclusion on what happened...

Also "I've seen one of these people on my TV but not the other so TV Guy must be justified for breaking the law" seems like a bad take.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:47 PM
Quote:
Originally Posted by washoe
whats he supposed to say other than loophole?

He got ditched, he hyped the guy up, gave him a platform, and then somehow he bailed on him. and then he had to watch how he does his own thing and says f u. Of course we dont know whos fault it was, the fallout- but thats what happened. maybe doug misplayed his hand here, by not having clear terms. the one who gained was Jnandez, right?
Sounds like JNandez thought he had the option of making more money by doing something else (IE go out on his own), which was well within his right to do. So you cannot blame a guy for wanting a better deal under those circumstances, as he has leverage. I never understood why people think you should accept less than what you can get just because someone else wants you to, out of "loyalty" or whatever. Doug didn't want to give him a better deal and instead decided to slander him afterwards, and JNadez did nothing wrong, according to the long court proceeding. I think in the end JNandez made a very good call, especially since this distances himself from Doug, who was of course brand ambassador for a scam company not long afterwards, etc.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:48 PM
Personally I think JNandez/Charlie Carrel come off looking horrible in this situation. There was a business disagreement, it was settled in a court of law, ho hum big fn deal. JNandez why the urge to suddenly air all the dirty laundry from your lawsuit? You won, shut up and move on, don’t be a douchebag and now kiss and tell all.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:53 PM
Quote:
Originally Posted by TheFly
Personally I think JNandez/Charlie Carrel come off looking horrible in this situation. There was a business disagreement, it was settled in a court of law, ho hum big fn deal. JNandez why the urge to suddenly air all the dirty laundry from your lawsuit? You won, shut up and move on, don’t be a douchebag and now kiss and tell all.
lol

polk ran his jnandez's name through the mud on 2+2, youtube and everywhere else he had a platform and it was all based on lies. if he didnt want jnandez to talk about it he should have tried to settle with a pile of cash and a NDA.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:53 PM
Quote:
Originally Posted by TheFly
Personally I think JNandez/Charlie Carrel come off looking horrible in this situation. There was a business disagreement, it was settled in a court of law, ho hum big fn deal. JNandez why the urge to suddenly air all the dirty laundry from your lawsuit? You won, shut up and move on, don’t be a douchebag and now kiss and tell all.
He was being slandered as was paid 150k total damages, so he showed the documents to prove it. He wouldn't have to show the docs if he wasn't being slandered in the first place by CD.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:55 PM
Quote:
Originally Posted by washoe
thats a bit over the top with psycho and will hopefully get deleted under new forum policies.

Im on neither side here and I dont know what exactly went down.

What I do know is that Doug was the supreme leader of internet poker broadcasting at the time.

Jnandez on the other hand was at that time nowhere to be found. I say that as a non plo player but still I know who was trending, he might have been the new hot **** player/coach on the horizon but nowhere anywhere near doug.

After the upwsing fallout he was everywhwere thanks to doug and upswing. So he used doug like an actress used weinstein, to become known. doug was the trampoline here, the hook, the step, the boost, and Jnandez should/could be really thankful for that booster imo.

So at the time Jnadez was a nobody in the poker world, at least to my knowledge, some plo players might disagree and tell me why hopefully. He had a couple courses at RIO, so what? he was one of thousands other coaches hoping to make it. Doug must have seen the potential, or they just met idk somewhere and they talked, and they thought they could work together. I remember doug giving him a platform, thats all, and all of the sudden he is everywhere- coincidence? clear no.

And I say that despite being upset with doug actually becuase he was not responding to my pleas here on this forum to help out a few players. But this need to be said.

Doug might be a douche and evil, I wouldnt know, same with Jnadez. I dont know neither person. I dont know who was right here, but at the time I had the impression it was hard to deal with so much money, and maybe doug tried to screw him over and J wasnt happy with his share of the deal. doug was the bigger name by miles and should have gotten a bigger cut for that, J should have taken what he could take imo. I really dont know what happened. J went and used all of this for his gains eventually imo.



And the case? lol you cant sue anyone for getting famous through you, through a failed deal. You can only attack other points which doug did here imo.
Your ignorance is showing. The facts are easy to look up.

Doug and Jnandez made a business contract that was consensual

Jnandez ended the contract under terms spelled out in the contract

Jnandez then discovers upswing had been defrauding him

Jnandez confronts Polk, Polk lies about the situation and says J scammed him.

Polk/upswing then tries to sue nandez for a bunch of things that aren’t real

Nandez counter sues and easily wins, is awarded like $15k and then they get some more for damages and then they get partially reimbursed for lawyers fees.


In the interim Doug keeps calling nandez a scammer, nandez doesn’t say anything about this until a year ago, but nobody catches on.

Now nandez has had enough and posts the receipts


You’re more than welcome to show that you know nothing about this, OR you can do some brief reading and figure it out on your own
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 01:55 PM
Quote:
Originally Posted by EvolvedSavage
Oh man, if only a court of law could weigh both sides and come to a conclusion on what happened...

Also "I've seen one of these people on my TV but not the other so TV Guy must be justified for breaking the law" seems like a bad take.

they were fighting in court about copyright issues imo, nothing else.
(I havent looked into this too much but thats what I picked up)


ever heard of a freeroll? doug gave him his platform and support.
doug was at his peak having won the highroller etc. etc.
where was J? I havent seen him on tv ever before.

Show me some of his results, prior to encountering doug.

But having said this, I think J has every right to clear his name if he was done wrong. Its of course possible that doug and ryan treated him very poorly. Thats what happens if you want to join a team and they are all superstars. They look down on you.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 02:04 PM
Quote:
Originally Posted by washoe
they were fighting in court about copyright issues imo, nothing else.
(I havent looked into this too much but thats what I picked up)
I counterclaimed with breach of contract and defamation after finding evidence that Upswing's reported sales numbers were incorrect and that they had conspired with my ex-employees to smear me and my company's reputation.

My breach of contract counterclaim was granted with contract damages, and I was awarded partial attorney's fees and costs. My defamation claim was denied. In total, Upswing had to pay me $150,216.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 02:06 PM
If I was Jnandez I would sue again for defamation for what has been said after the fact. I would also offer Doug an NDA for close to $250k, maybe $1 million
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 02:09 PM
DOUG , if you’re reading this, I have some advice for you.

If you remember, I gave you good advice in the coinflex thread.

In this situation, I advise you to completely ignore and do not post anything about this subject for a couple years. If you do feel the need to post anything, send it to your wife or to Brady before you post it.

If you feel the need to apologize that may be the only appropriate response to this situation.

DO NOT ENGAGE or try to argue any points to make yourself look good as you may open yourself up to future lawsuits. For example, even though he lost the defamation claim that started in 2019, you could open yourself up to another one if you say the wrong things. Heck, he could even sue you in Texas for defamation and you’d have to deal with that

My advice as a human is to ignore social media for 6 months, take a vacation with your wife and let Brady handle everything. We all take losses from time to time, it’s how you respond that’s important
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 02:09 PM
Quote:
Originally Posted by TheFly
Personally I think JNandez/Charlie Carrel come off looking horrible in this situation. There was a business disagreement, it was settled in a court of law, ho hum big fn deal. JNandez why the urge to suddenly air all the dirty laundry from your lawsuit? You won, shut up and move on, don’t be a douchebag and now kiss and tell all.
If the judgement had gone in Doug's favor he would have already made a clickbait youtube video the same way he did for Berkey and Negreanu and every other person hes ever been in a feud with, so I would say this thread by JNandez is 100% fair game.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 02:10 PM
Quote:
Originally Posted by washoe
they were fighting in court about copyright issues imo, nothing else.
(I havent looked into this too much but thats what I picked up)


ever heard of a freeroll? doug gave him his platform and support.
doug was at his peak having won the highroller etc. etc.
where was J? I havent seen him on tv ever before.

Show me some of his results, prior to encountering doug.

But having said this, I think J has every right to clear his name if he was done wrong. Its of course possible that doug and ryan treated him very poorly. Thats what happens if you want to join a team and they are all superstars. They look down on you.
How can you use the word “only” and then admit you haven’t read the information.
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote
04-22-2023 , 02:10 PM
Quote:
Originally Posted by PointlessWords
Your ignorance is showing. The facts are easy to look up.

Doug and Jnandez made a business contract that was consensual

Jnandez ended the contract under terms spelled out in the contract

Jnandez then discovers upswing had been defrauding him

Jnandez confronts Polk, Polk lies about the situation and says J scammed him.

Polk/upswing then tries to sue nandez for a bunch of things that aren’t real

Nandez counter sues and easily wins, is awarded like $15k and then they get some more for damages and then they get partially reimbursed for lawyers fees.


In the interim Doug keeps calling nandez a scammer, nandez doesn’t say anything about this until a year ago, but nobody catches on.

Now nandez has had enough and posts the receipts

You’re more than welcome to show that you know nothing about this, OR you can do some brief reading and figure it out on your own

ah its you again, lol

thats all fantastic what you say there. you could be right, you could be wrong, but why didnt they just keep working together after agreeing to work together and investing all these resources into it?

doug put a lot of money and effort into this deal and then?
he got ditched and J made his own course, with all the knowledge he got from the pros. you could say he was spying on them, figured it all out how it works, and left. BC he changed his mind, and thought, for what do I need these guys even?

I see it all the time, broke chicks marrying successful guys and then? divorce and they have a brand and are loaded. how do you know this was not similar? It certainly looks like it. Show me your court papers, but later, I dont have time for this now. and esp. show me the proof of a scam pls. thanks!
JNandez - The Outcome of Lawsuit vs Upswingpoker Quote

      
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