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Stones Claims "No Duty To Gamblers" In Second Motion To Dismiss Cheating Lawsuit

Casino's Legal Team Uses Controversial Defense In Multi-Million Dollar Cheating Lawsuit


Stones Gambling Hall, the Sacramento-area casino that was home to one of the biggest cheating scandals in recent poker history, filed a second motion to dismiss the multi-million dollar lawsuit against the property, its tournament director Justin Kuraitis and Mike Postle, the man alleged to have cheated low-stakes live-streamed cash games out of roughly $250,000.

In its first motion to dismiss, filed in early March, the legal team for the casino argued that the casino “found no evidence that indicates there was cheating in the games in question.”

Its second filing takes the argument away from whether cheating took place and claimed that the casino doesn’t have a responsibility to ensure safe games for the players.

“Casinos do not owe a general duty of care to gamblers,” Stones’ legal team argued in the motion. “Their failure to include adequate facts establishes they cannot support their claims… Plaintiffs can neither prove negligence nor fraud, they rely on innuendos and insinuations that are not substitutes for facts or law.”

Not only is Stones doubling down on the idea that the accusations are without proof, but it is also distancing itself from Postle in a sense. Its argument is that even if cheating did take place, it wasn’t the casino’s fault. Thus, it shouldn’t be held liable for any damages.

It raises the question if casinos are not legally required to provide games that are on a level playing field, what are they required to do? What exact responsibilities do casinos have to players, if providing straight games aren’t one of them?

After Stones filed its first motion to dismiss, the plaintiffs had a chance to amend their complaint. Mac VerStandig, the veteran gaming attorney representing the now 89 plaintiffs in the suit, filed an amended suit that added plaintiffs and specific details to the case.

The latest motion to dismiss is in response to the amended suit. And with it brings arguably the most controversial topic to the cheating allegations.

In a statement released by VerStandig to another media outlet, he expressed his dismay at the defense tactics.

“We are in the process of reviewing and analyzing Stones’ motion, which appears to be a well-drafted document prepared by a group of excellent attorneys,” said VerStandig. “It is disappointing to see Stones continue to characterize my clients as essentially being sore losers, and it is disheartening to see a card room proclaim that it does not have a duty to its consumers even in a situation as egregious as this.”