Borgata Casino Seeks Final Judgment in Phil Ivey Baccarat Case

Atlantic City’s Borgata has recently responded formally to Phil Ivey’s call for a final judgment in a long-standing baccarat edge sorting case. The popular poker pro and his companion player Cheng Yin Sun are sued by the gambling venue for winning close to $10 million by exploiting discrepancies on the backs of Gemaco cards. The two players obtained their winnings by playing eight baccarat sessions at the Borgata back in 2012.

Late last month, Ivey’s lawyers requested from presiding judge Noel L. Hillman to render a final judgment in the case. Thus, they player and his legal team will be able to file a motion with the US Court of Appeals for the Third Circuit.

Jeremy Klausner, one of the Borgata’s attorneys, has responded formally to Ivey’s call for final judgment, saying that one indeed should be issued eventually. However, Mr. Klausner argued that the player’s grounds for making an appeal were unsubstantial.

Last year, Judge Hillman ruled that Ivey and Sun had violated the New Jersey Casino Control Act by using the contentious technique to improve their odds against the house and that they had to return their winnings of $9.6 million as well as an additional of $500,000 spent by the casino on comps. However, although the Borgata’s legal team argued that the two players had committed fraud, their actions were not defined as such by the judge.

Ivey and his attorneys have been trying to overturn the ruling since announced. In their latest filing, the one requesting a final judgment, they cited “irreparable harm” as the reason why the player and his companion should not be ordered to return their winnings.

Although the casino’s legal team has sided with the defense that a final judgment needs to be rendered at last, it has disagreed with the “irreparable harm” claim. According to Mr. Klausner, the purely economic harm Ivey and Sun will suffer cannot be qualified as irreparable. In other words, there is a big chance that their request for appeal is denied.

Late last year, Ivey lost another long-standing edge sorting baccarat case, that one against London’s Crockfords Casino. The player brought the gambling venue to court after being refused £7.8 million in winnings. Under a High Court ruling, Ivey had in a way cheated the casino by using the edge sorting technique, although his actions should not be interpreted as dishonest.

The next hearing on the Borgata v. Ivey case is slated for February 21.

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