Quote:
Originally Posted by Hitch-22
Standard of proof is only balance of probabilities so they don't really have to prove anything, in the literal sense. Also the burden of proof is on Ivey's team in the first instance.
Showing the cards were defective is easy, it'd be fairly ludicrous to invent this, and I think it likely the manufacturer will be able to demonstrate it. Also Ivey would be ill-advised to challenge whether there was a defect, strategy-wise imo, since if he objects, and they rule against him, it really hurts the credibility of other equity-based arguments he might use that have better prospects.
Using the defect to his advantage is key to establishing a material breach of contract - knowing about it in advance helps create the picture but doesn't make any difference to whether there was a breach or not.
Change of procedure could be key but a) this is likely to be dealt with in the terms of the contract (e.g. an employee of Us breaching these terms does not create new terms etc) and b) it is a very 'fact-sensitive' point, so to comment you'd really need to know exactly what happened.
Your posts are interesting and my opinion is that Ivey will have difficulty prevailing, but that a settlement will be reached. However, the casino does seem to have an issue with edge sorting.
1- Are the casino personnel aware of this technique.
2- Did they allow it to continue when discovered?
If the answer is yes to both, then they may have "ammended" the "contract" that exists between the casino and the player and Ivey should prevail. The technique seems to be well known to security personnel, so they have a problem with #1. There were enough eyes on Ivey that it strains credibility for the casino to claim that they were unaware of what he was doing and would have stopped him. If yes on 1 and 2, Ivey's position could be that, "Yes, I was edge counting and they knew it and allowed it because they thought they could bust me anyway". The casino has a problem.
Also, the companion had to be in the UK version of The Griffin Black Book. All the evidence that is being referenced against Ivey (card rotation, bet after shoe, saving deck for next day, companion) is supporting evidence that the casino knew damn well what he was doing. Heck, they even had an evening (and a change of shifts/personnel) to consider it and discuss it. If they did, their case would seem to fall apart. They knew what he was doing, discussed it, and allowed it to continue on the belief that they still had the edge.
This harkens back to the early days of Thorpe and card counting on BJ. Casinos rolled out the red carpet for "card counters" in the early days, because there were a lot of bad ones and the casino made $. Card counters were not a problem. Good ones were! And there were methods to thwart good card counters and maintain the house edge- shuffling after a few hands, changing rules in game on doubling down, splitting, etc