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  • Phil Ivey Appealing $10m Borgata Lawsuit

    Thursday, January 19th, 2017 by Jeremy Olsen

Not long ago, Phil Ivey lost a case against the Borgata casino involving the baccarat advantage-play method known as edge sorting. Ivey must now pay $10.1 million back to the Borgaga, which includes $9.6m in punto banco winnings, along with $500k in craps winnings (made w/ punto banco money).

All along, we’ve heard rumors that Ivey would appeal the decision if he lost. And according to NorthJersey.com, Ivey’s attorneys have asked for the summary judgment to be entered in favor of Borgata as “Final Judgement.”

While this may sound like he’s yielding the case, Point 2 of the filing asks the judge for “granting a stay of the enforcement of that Final Judgment without bond and pending appeal to the Third Circuit.”

This means that Ivey wants to go to the Third Circuit, which voted 2-1, 2-1, and 9-3 in favor of the sports leagues in the New Jersey sports betting case. But before he can do this, he needs Final Judgment on the most-recent ruling.

Ivey’s attorneys note a complication regarding “the remaining claims existing between [Borgata] and defendant Gemaco, Inc.”

Here, the legal team is asking that Ivey’s Final Judgement not be tied to waiting on the Borgata/Gemaco case to be settled.

NorthJersey notes that Ivey “wants the Final Judgement to be ‘notwithstanding’ of those claims – or dismissal of those claims pursuant to a Federal Rule of Civil Procedure regarding ‘Judgment on Multiple Claims or Involving Multiple Parties.'”

The deadline for more motions is next week, and a motion hearing is scheduled less than one month from now on Feb. 21.

Ivey, along with his accomplice, Cheung Yin Sun, dominated the mini-baccarat tables at Borgata throughout four sessions in 2012. They used edge sorting, which involves spotting flaws on the back of cards to predict what values will come next.

Ivey and Sun knew that the Gemaco deck was flawed and – as is sometimes done by high rollers – requested that this “lucky” deck be the only one used.

After finding out that they’d been burned by the pair, the Borgata sued Ivey and won a $10.1 million settlement. However, based on his latest legal moves, this matter isn’t over yet.

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