The Borgata Hotel Casino & Spa in Atlantic City has replied to Phil Ivey’s motion that its lawsuit against him be dismissed.
The casino is suing Ivey to recoup about $9.8 million he won at a Borgata baccarat table. The casino alleges he cheated by using a technique known as edge sorting.
Ivey noticed a design flaw in the cards the casino was using in a 2012 baccarat game and then requested dealers to position the cards in certain ways so he could, in turn, read the cards coming out of a shoe. The positioning of the cards is known as edge sorting.
The Borgata claims Ivey violated New Jersey gambling laws, but Ivey responded to the suit by saying he did nothing other than notice what any player could have noticed and bet accordingly. Ivey’s motion also claimed that since the gambling occurred in 2012, the statute of limitations for the suit has expired.
“There simply is no private cause of action by player or casino to revoke and require restitution of gambling winnings or losses because of some perceived ‘illegality’ which springs from nothing more than a player’s subjective intent or use of his five senses,” Ivey’s motion to dismiss read.
The Borgata has countered saying:
“Although the motion cleverly attempts to apply existing case law to the facts in this case, Defendants’ cannot escape the fact that it is only casinos, and not casino patrons, that are regulated by New Jersey’s Casino Control Act. While certain claims by patrons against casinos may be preempted by the Casino Control Act, there is no preemption in reverse. New Jersey’s Division of Gaming Enforcement simply does not have the power to order casino patrons to take any act, including making restitution to casinos for fraud, cheating, or breach of contract. Indeed, the only way for Borgata to seek redress against Ivey and Sun is through legal action.”
The Borgata motion also says the statute of limitations on the case has not expired.
The Borgata also referenced a recent case in where Atlantic City’s Golden Nugget casino was able to recoup losses from a group of players who had noticed a design flaw in cards used in a mini-baccarat game.
Hearings have yet to be scheduled in the case.
