Update: New motion to dismiss filed by Stones.
https://www.pokernews.com/news/2020/...miss-37011.htm
They assert that casinos have no "duty of care" toward gamblers.
A duty of care is the legal responsibility of a person or organization to behave in a way which can reasonably be foreseen to cause harm to others.
"Duty of care" actually came up when my car was damaged by construction equipment at the Rio in 2009. Even though the damage was not directly caused by humans, they had a duty of care for my vehicle while it was in their lot, to the extent of not storing equipment near my vehicle which could fall on it in bad weather. Therefore, I was legally entitled to them paying for my repairs when their own equipment blew into my car.
In this case, Stones is asserting that casinos do not have any duty of care at all regarding gamblers playing poker against one another. Simply put, they're saying that they are not responsible to monitor the game for cheating.
In most cases, this is true. If a fellow player at Commerce marks cards and cheats me, I can't successfully sue Commerce upon discovering it. However, the lawsuit here specifically alleges that Stones
employees were engaging in the cheating scheme with Postle, and I believe duty of care would not apply here.
Similarly, if I owned a restaurant and a fellow patron walked up and punched you in the face, I wouldn't be responsible. However, if one of my employees punched you in the face, I could be.
The attorneys on PFA can correct me if I'm wrong on this.