POINT III: Illegal Conduct Occurred During These Mini-Baccarat Games.
It’s noted that Borgata selected, bought and dealt the cards in question as well as the automatic shuffler, and that the casino could have declined Ivey’s request to orient the cards in a certain way.
Finally, there’s a nod to Ivey’s more famous card game of choice.
“[T]he suggestion that Defendants were under some sort of legal compulsion to ‘reveal their hand’ to Plaintiff while gambling, borderlines on ridiculous. That is akin to saying that one poker player bluffing another commits an illegal act.”
Then comes the haymaker:
“The essential mission of Borgata’s casino operation is to encourage patrons to lose money by orchestrating a plethora of deceptive practices such as loud noises and flashing lights on slot machines, hiding the clocks, making exit signs almost impossible to find, having cocktail waitresses wear revealing clothing, and comping copious amounts of alcohol to ‘loosen up’ their patrons.”
And the kicker – the final line:
“Plaintiff’s only valid complaint is that it lost.”