Class Action - The World v. Empire

[nolanfan34]

[ QUOTE ]
Has it ever occurred to you that there lawyers on both sides of a lawsuit, so for every plaintiff's attorney you despise who is allegedly seeking unjustified and unwarranted compensation, there is a corresponding attorney working to stem this tide? Sure its a symbiotic relationship, but failing to recognize that some lawyers don't do plaintiff's work is a bit of a logical shortcomming.

[/ QUOTE ]

Actually, the best part of this thread, is the fact it's the second day in a row that a Zoo post has ended up referencing tort reform/med mal issues! Keeps me entertained at work... [img]/images/graemlins/grin.gif[/img]

[Losing all]

I'm sure there are many good lawyers. When I write, or say, or think something negative about lawyers, these aren't the ones I'm talking about.

I don't usually try to get a rise out of people here, but I really do hate the sue em' all type lawyers, and suing over cheated bonus $ being taken back is just so darn silly.

[Losing all]

Damn! Who beat me to it?

[moondogg]

[ QUOTE ]
gambling, other than recreationally, is illegal in most states. And Empire taking a rake is not recreational.

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This is not accurate. In most states, there is no law prohibiting gambling. Some states ban gambling that is not recreational (i.e. there is a rake, charge, house edge or cut), but in these cases it is the host/house who is breaking the law. In other states, there is no exception made for recreationally gambling, so all forms of gambling are illegal, but only for the host. So, if you played at a friends house, he would be breaking the law and the rest of his guests would not.

As it applies to online poker, the host/house is outside the jurisdication of both the US and your applicable state. They are violating the law, but this is not enforcable. The only person in the transaction who is subject to the jurisidction of the US and your state is you, and you are only the participant. The state gaming laws are designed to protect you from them; as such, the laws are designed to prosecute them, not you.

Note: I am not a lawyer or legal expert, but all of this is publicly available information.

[swami]

100% correct.

[J.R.]

In most states, there is no law prohibiting gambling.

This is indisputedly wrong, I don't have time to go through every state but I'll post a few state statutes. Just because people may not be prosecuted doesn't mean its legal. I also posted examples from Ohio, Alabama and Florida which note distinctions between recreationally engaging in gambling and engaging in gambling on a non-recreational basis.


Colorado
18-10-103. Gambling - professional gambling - offenses.

(1) A person who engages in gambling commits a class 1 petty offense


Florida
849.085 Certain penny-ante games not crimes; restrictions.--

(1) Notwithstanding any other provision of law, it is not a crime for a person to participate in a game described in this section if such game is conducted strictly in accordance with this section.

(3) A penny-ante game is subject to the following restrictions:
(a) The game must be conducted in a dwelling.
(b) A person may not receive any consideration or commission for allowing a penny-ante game to occur in his or her dwelling.
(c) A person may not directly or indirectly charge admission or any other fee for participation in the game.
(d) A person may not solicit participants by means of advertising in any form, advertise the time or place of any penny-ante game, or advertise the fact that he or she will be a participant in any penny-ante game.
(e) A penny-ante game may not be conducted in which any participant is under 18 years of age.

Deleware
§ 1407. Engaging in a crap game; violation.

A person is guilty of engaging in a crap game when the person takes part in or is knowingly present at the form of gambling commonly known as crap, in which money or other valuable things are played for by means of dice.



Alabama
Section 13A-12-21

Simple gambling.
(a) A person commits the crime of simple gambling if he knowingly advances or profits from unlawful gambling activity as a player.

(b) It is a defense to a prosecution under this section that a person charged with being a player was engaged in a social game in a private place. The burden of injecting the issue is on the defendant, but this does not shift the burden of proof.



Idaho
18-3802. GAMBLING PROHIBITED.

(1) A person is guilty of gambling if he:

(a) Participates in gambling; or

(b) Knowingly permits any gambling to be played, conducted or dealt upon or in any real or personal property owned, rented, or under the control of the actor, whether in whole or in part.



Kansas
21-4303. Gambling.

Gambling is:
(a) Making a bet; or
(b) Entering or remaining in a gambling place with intent to make a bet, to participate in a lottery, or to play a gambling device.

Gambling is a class B nonperson misdemeanor.



Nebraska
28-1104 Promoting gambling, third degree; penalty.

(1) A person commits the offense of promoting gambling in the third degree if he or she knowingly participates in unlawful gambling as a player by betting less than three hundred dollars in any one day.

(2) Promoting gambling in the third degree is a Class IV misdemeanor


Ohio This state has an exception for recreational gambling
§ 2915.02 Gambling.

(A) No person shall do any of the following:

(4) Engage in betting or in playing any scheme or game of chance as a substantial source of income or livelihood;


Rhode Island
§ 11-19-21 Frequenting gambling place.

Every person who shall frequent any gambling house or place where gaming is practiced or carried on, not in the performance of official duty and not being the landlord of that place entering to view the premises, shall be imprisoned not exceeding thirty (30) days.


Tennessee
39-17-502. Gambling.

(a) A person commits an offense who knowingly engages in gambling.
(b) The offense of gambling is a Class C misdemeanor.


Utah
76-10-1102. Gambling.

(1) A person is guilty of gambling if he:

(a) participates in gambling;

[J.R.]

[ QUOTE ]
Actually, the best part of this thread, is the fact it's the second day in a row that a Zoo post has ended up referencing tort reform/med mal issues! Keeps me entertained at work...

[/ QUOTE ]

I can only hope Congress becomes equally enthralled with this issue at some point in the near future.

[moondogg]

[ QUOTE ]
In most states, there is no law prohibiting gambling.

This is indisputedly wrong, I don't have time to go through every state but I'll post a few state statutes. Just because people may not be prosecuted doesn't mean its legal. I also posted examples from Ohio and Florida which note distinctions between recreationally engaging in gambling and engaging in gambling on a non-recreational basis.


[/ QUOTE ]

"In most states, there is no law prohibiting gambling" was a typo, it should have been "In most states, there is no law prohibiting participation in gambling." Barring this one line, as the rest of my post implies, my point was not that all forms of gambling are legal (obviously pretty much all states have some form of legislation on the topic); my point was that it is usually the hosting (or "promoting") which is made illegal, in which the player himself is not necessarily guilty of any crime. And, obviously, this is not a blanket statement about all states. The mormons out in Utah are nutz, IMHO.

I wholeheartedly agree that the level of enforcement is irrelevant when discussing the actual legality.

[nolanfan34]

[ QUOTE ]
I can only hope Congress becomes equally enthralled with this issue at some point in the near future.

[/ QUOTE ]

Even with Cubswin now on the case, don't hold your breath.

[J.R.]

[ QUOTE ]
my point was that it is usually the hosting (or "promoting") which is made illegal, in which the player himself is not necessarily guilty of any crime

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I just listed 11 state stautes (I looked at probably 15 or so states) which make it illegal (although often its only a petty offense or a misdemeanor) to participate, as a player, in gambling activites.