Sunday, August 11, 2013

E-5: Gambling Debt 101

Statute of Anne (1710)
o   Any money lent to someone with the known purpose that it was to be used for gambling was held as void and unenforceable.
o   Gambling debt is considered a contract and treated like a contract for prostitution. The court will leave the parties where it finds them and will automatically dismiss every claim.

Gambling Debts
o   Lawsuits brought in the state where the bet was made
§  The common route is to get a judgment in the state in which the debt occurred and then go after the debt via the federal Full Faith & Credit clause of the constitution.
o   Lawsuits brought in a different state from where the bet was made
§  Usually, but not guaranteed, a casino can bring a lawsuit against the patron for their gambling debt in the state where he/she lives.
§  Not so if the court deems gambling to be so against local public policy that it chooses not to hear the case.
§  Due to the popularity of lottery and bingo, it’s realistically quite difficult to find a court that would oppose gambling on public policy grounds.

Unenforceable Debt
o   Any debt incurred for the purpose of making an illegal bet.
§  Includes: Bets to bookies, checks written at home poker games, etc
o   Any debt incurred for making legal bets outside a legislatively authorized format.

Enforceable Debt
o   Those which have been deemed legal by statutory amendment to common law.

Sunday, June 16, 2013

E-4: Defining What Is/Isn't Gambling Part 2


·       Elements (& Legal definitions) of Gambling: Prize, Chance & Consideration.

  • Things generally recognized as gambling…

o   Poker
o   Pyramid Schemes

  • Things NOT generally recognized as gambling…

o   Futures betting
o   Day trading
o   Multi-Level Marketing
o   Insurance policies
o   Auction

Sunday, May 26, 2013

E-3: Defining What Is/Isn't Gambling Part 1


 Elements (& Legal definitions) of Gambling: Prize, Chance & Consideration.

  •  By Definition, there are some things that just are not gambling…

o   Amusement
o   Tourneys
o   Fantasy Leagues
o   Donation Requested   

  • What is universally reviewed as gambling is…

o   Slots
o   Lotteries
o   Banked Table Games
o   Sports Betting
o   Bingo
o   Horse Racing

Sunday, April 21, 2013

E-2: Gold Spike Closure Lawsuit

  • On Sunday, April 14th, Gold Spike casino and hotel closed after 36 years of operation.
  • Notification to employees occurred three days prior, on April 11th.
  • Debra Camp, the Plaintiff and former cocktail waitress at the Gold Strike, filed a lawsuit in the Worker Adjustment and Retraining (WARN) Act requesting Class Action Status for her and her fellow unemployed co-workers.
  • The WARN Act requires 60-days notice if an employer of at least 100 employees anticipates closing a factory or laying off employees. 
  • There is an exception, however, for “unforeseen business consequences”. This exception applies to closings and layoffs that are caused by business circumstances that were not reasonably foreseeable at the time notice would otherwise have been required.
  • If the court finds that the Gold Spike owners could not reasonably foresee the establishment would be closing between February 14 and April 14, then the casino wins. If, however, the court does not accept this exception, the employees of Gold Spike win.