Another problem with "jackpot" bets

[Redboard]

Originally Posted by dilanesp

That's not always true in a fraud case. There is extensive debate in the caselaw as to when you can receive "benefit of the bargain" damages (essentially, what you expected to make) on a fraud claim instead of "out of pocket" damages. The cases consider factors such as whether limiting the damages will allow the tortfeasor to get away with the fraud. Those arguments could very well militate against Churchill in this situation.

Plus, there's emotional distress and punitives.

There's another thing-- if Churchill knows such an e-mail exists, they may decide to settle because they don't want that discovery to come out because it will make the track look terrible and cost it credibility (and could even result in discipline from the state commission).

This is the sort of thing that could be worth a roll of the dice.

What about that NYRA scandal back in 2012 where they stole $8.5 million dollars of the bettors money. How come a group of attorneys didn’t get together a class-action suit and go after it?

http://nypost.com/2012/05/01/nyra-scandal-rocks-racing/

[dilanesp]

Originally Posted by Redboard

What about that NYRA scandal back in 2012 where they stole $8.5 million dollars of the bettors money. How come a group of attorneys didn’t get together a class-action suit and go after it?

http://nypost.com/2012/05/01/nyra-scandal-rocks-racing/

I don't know if no class action was filed, or if not, why, but the only issue I can think of is that nothing was done that created a legal entitlement to the lower takeout. (I.e., you actually have to promise the bettors that the takeout is lower before the bettors can bring an action against you for not lowering it.)

[EMD4ME]

Originally Posted by Redboard

What about that NYRA scandal back in 2012 where they stole $8.5 million dollars of the bettors money. How come a group of attorneys didn’t get together a class-action suit and go after it?

http://nypost.com/2012/05/01/nyra-scandal-rocks-racing/

IMHO, NYRA did nothing wrong with this. Hayward reached out, he was ignored on purpose by Cuomo's goons, so Cuomo could then FIRE HIM and take over NYRA.

Simple corruption 101 in my eyes.

To answer your question, I remember getting back thousands of dollars for this, so class action was needed for the ADW crowd. It's the people who bet with tickets, no ADW (and I had a few of those as well) that didn't take any action, I guess.