The ongoing $9.6 million edge sorting case involving Phil Ivey and the Borgata Casino in Atlantic City, New Jersey has a new wrinkle. A United States District Judge denied a request on Monday for a motion filed by the Borgata for a summary judgment against the card manufacturer Gemaco. The Borgata sought to have Gemaco held responsible for knowingly supplying defective cards to the casino.
CasinoTop10's definitive video guide to edge sorting! See our full guide here art of edge sorting is a rare skill. Ivey sued them for payment, but lost in the UK High Court; it was judged that the edge sorting was 'cheating for the purpose of civil law'. 8 9 It was accepted that Ivey and others genuinely considered that edge sorting was not cheating, and deemed immaterial that the casino could easily have protected itself.
Rule lands in Gemaco’s favor
Gemaco was the brand of playing cards used by Ivey in 2012 when he won $9.6 million playing Baccarat at the New Jersey property. The ongoing lawsuit between Ivey and the Borgata came from the Borgata in an attempt to reclaim the money won Ivey with the help of an assistant in Cheung Yin Sun. Edge sorting is a process of identifying flaws on the back of playing cards which gives away the value of the card.
The Borgata submitted the motion last summer and alleged that Gemaco supplied the casino with defective cards. According to Borgata, Sun was able to spot the defections on the Gemaco cards and supplied Ivey with this information while he played.
US District Judge Noel L. Hillman denied the Borgata’s motion while partially granting Gemaco’s cross-motion for summary judgment. The judge ruled that Ivey and Sun were responsible for exploiting any defects on the cards and using the gained advantage to win their sum. Judge Hillman deemed Gemaco not “liable for any tort claims” lobbied by the Borgata.
Judge Hillman granted Gemaco cross-motion for summary judgment for the casino’s common law breach of contract claim, of implied warranty claim, and of common law negligence. Gemaco’s filed their request for cross-motion summary judgment in October 2017. The company claimed the Borgata had no proof of the cards being defective.
The saga continues
The Borgata’s case against Ivey stems back to his fateful 2012 visit with Sun. The allegations against Ivey state that he defrauded the casino by winning in Baccarat by use of the method of edge-sorting. A 2016 ruling by Judge Hillman ruled that Ivey was in breach of contract against the Borgata but not liable for fraud. The ruling forced Ivey to repay the $9.6 million he won at the casino plus additional damages. Ivey appealed this decision and the case remains open.
Ivey was embroiled in a similar case in England against the Crockfords Casino in London. Playing Baccarat at the casino in 2012 with Sun as his assistant, Ivey won £7.7 millionMindfulness bingo free. using a similar method of edge-sorting.
The UK Supreme Court ruled in 2017 that Ivey would not be receiving any of his funds back from the casino in a unanimous decision from five judges.
The casino denied Ivey’s claim to be paid out after the session concluded. The UK High Court allowed Ivey to appeal in October 2014. The Court of Appeal maintained the decision and Ivey was then given permission to appeal to the Supreme Court in February 2017.
What’s next for Ivey?
The ruling made by Judge Hillman in favor of Gemaco is yet the next step in Ivey’s case to keep the $9.6 million he won at the Borgata. Currently, Ivey and Sun are appealing the October 2016 decision made by Judge Hillman that Ivey was in breach of contract against the Borgata for marking the cards. However, that appeal is on hold until the Borgata is able to prosecute its claims against Gemaco.
The news continues to roll in regarding Phil Ivey's long-running court battle with Borgata, and if you're Ivey or a fan of Ivey, that news continues to be negative.
While Ivey appeared to be cooked after his ongoing appeals in 2017 came up dry against both Crockfords Casino and Borgata — he and gambling partner Cheung Yin 'Kelly' Sun took both for a combined nearly $20 million using 'edge sorting' in baccarat and punto banco — the fight has now spilled over well into 2018.
First, Gemaco Inc., which manufactured the cards on which Ivey observed small defects in order to ascertain their values to gain an edge, wriggled free of any wrongdoing in a March decision.
Then Ivey and his legal team pushed for a stay of execution on the payment of $10.1 million to Borgata, arguing the payment of such a massive sum would do irreparable harm to Ivey's bankroll and block him from being able to continue earning a living through his gambling skill.
In that vein, he's been firing away on a heavy tournament schedule that included the $1 Million Big One for One Drop. Overall, Ivey has $2.4 million in cashes since his return to the live tournament scene in 2018.
The Latest Developments
Phil Ivey Court Ruling
Last week, CardPlayer reported that Borgata hit Ivey with a cross-appeal in the U.S. Court of Appeals for the Third Circuit. Borgata requested all parts of the original decision, in which the casino alleged fraud and sought huge reparations, that didn't favor it be re-examined.
As for what exactly that means for Ivey, a pair of outlets have reported that Ivey's risk may be significantly upped due to the development.
According to USPoker, Ivey could be on the hook for about $30 million, as the casino originally requested treble damages, a tripling of the at-issue amount.
Meanwhile, VegasSlotsOnline has reported that Borgata wishes to reconstruct Ivey's sessions and essentially rake in their expected value from his baccarat hands. The casino claimed its mathematical edge over the roughly 1,800 hands Ivey played amounted to about $5.4 million.
Phil Ivey Edge Sorting Cards
It appears Borgata has not taken kindly to Ivey's attempts at stalling and clinging to the money he won from it. The casino has loaded up its legal war machine and put Ivey squarely in the crosshairs. Whether Ivey will escape further damage and finally claim a legal victory or finally take a knockout blow remains to be seen, and PokerNews will continue to keep an eye out for further developments in this marathon story.
Phil Ivey Edge Sorting
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