One lawsuit against Mike Postle over cheating scandal dismissed by judge
The court rules in favor of the poker player, but another lawsuit is still pending
In a case that was filed in October 2019, several plaintiffs accused pro player Mike Postle of cheating during some cash games. The lawsuit was also directed at Stones Gambling Hall – where the games took place – and its tournament director and poker room manager for being accomplices on the scheme. Now, months after waiting for some progress on the case, while Postle kept hiding from being officially served with court documents, a US District federal judge has dismissed the case on Wednesday.
According to the plaintiffs, Postle was receiving information about the competitors’ cards that were being registered to be streamed online. The judge, William B. Shubb, cited a California law to dismiss all cases against the Stones Gambling Hall and its poker room manager, Justin Kuraitis, as well. All defendants responded with separated motions to dismiss the case based on this same law, which says gambling losses are unrecoverable. “Unlike damages stemming from the rake, these damages are quintessential gambling losses that are barred for recovery by California public policy… Accordingly, California’s strong public policy against judicial resolution of civil claims arising out of gambling disputes mandates the dismissal with prejudice,” said the judge. By being dismissed with prejudice, there is no room for refiling.
At least it’s not all lost for the plaintiffs that were asking for $10 million in damages from each defendant. The judge gave the plaintiffs 20 days to resubmit an amended claim against Postle and others based on the rake paid, which the judge considers to be a fee paid that ensures a fair game is played. The lawyer handling the case for plaintiffs, Mac VerStanding, expressed his disappointment with the dismissal. “I respect and appreciate the judge’s ruling, but am also pained – as a lawyer and as a poker player – that Mr. Postle was able to rely on an antiquated doctrine, from antebellum California, to escape liability in this suit for the time being,” VerStandig said,” said the lawyer.