I'm starting to think that Phil hired on of Dan Bilzerian's lawyers.

http://blog.northjersey.com/meadowla...-fraud-claims/

POINT I: The First Ten Counts of [Borgata's] Amended Complaint Alleging Statutory Causes of Action are Barred by New Jersey Law.

“Without citing any legal authority, [Borgat] argues that the myriad of cases rejecting private lawsuits premised upon alleged violations of the Casino Control Act are inapplicable to suits brought by a casino. The attempt to salvage its Complaint rests upon the erroneous conclusion that since the Act regulates only [word underlined] licensed casinos, such licensees are the exception…. The precise contrary is true… For Plaintiff to prevail, the Court would have to find that the New Jersey Legislature intended, yet simply forgot to include any provision allowing a private damage remedy to gaming losers.”

“If, as Plaintiff alleges, Defendants Ivey and Sun committed multiple acts of swindling, fraud and cheating, Plaintiff was duty bound to let the ][Division of Gaming Enforcement] decide whether the Act was violated, and if so, to initiate and prosecute criminal charges on Plaintiff’s behalf… It was Plaintiff who decided not to exhaust or even attempt administrative remedies and proceeded instead by filing this frivolous lawsuit.”

POINT II: The Six Month Statute of Limitation for a Proper Claim of Restitution under NJSA 2A: 40-5 Has Long Expired.

Ivey’s attorneys say Borgata “is not shy about contradicting itself or misrepresenting its own pleadings” to claim the statute doesn’t apply, citing language that says the games in question were or were not “illegal.”

Assertions by Borgata about whether the games did or did not violate the Casino Control Act are described here as “schizophrenic.”

“Plaintiff cannot have it both ways: either the game was illegal and the six-month statute of limitations has expired, of the game was lawful and Defendants won.”
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.”
- See more at: http://blog.northjersey.com/meadowla....N8WOZYeJ.dpuf