Gossip Column: Galfond Leads ‘ActionFreak’ by €164K; Stones & Kuraitis File New Motions to Dismiss in Postlegate Lawsuit

The May mayhem in the poker world continues to unfold and the ongoing Galfond Challenge has Phil Galfond leading Ioannis’ Action Freak’ Kontonatsios by €164K. The Run It Once (RIO) founder and the online pro have played 9,482 hands across 12 sessions. With 5,518 more hands to go, the odds seem to be tilting in Galfond’s favor.

Even as the global society continues to struggle to contain the novel Coronavirus (COVID-19) pandemic, with 4.9 Million people affected as of May 19, the Postlegate scandal seems to be moving along unaffected. The 88 plaintiffs and about four defendants (Mike Postle, Justin Kuraitis, Stones Gambling Hall’s ownership group, and a group of other unnamed accomplices) have continued with their legal volleyball match. The latest action was taken by the King’s Casino Management Corp. and Kuraitis, as each filed separate motions to dismiss the recently amended complaints filed by the plaintiffs’ legal team.

Phil Galfond Leads’ ActionFreak’ by €164K

A total of 12 sessions are now in the books between Phil Galfond and Ioannis’ Action Freak’ Kontonatsios. The two are on the back nine of the 15,000-hand challenge. With 9,482 hands complete, Galfond is in the lead by €164,478.21.

On Day 12 that played out on May 16, 716 hands were played between the duo with Galfond coming out on top for €48,169.76. ‘ActionFreak’ had fought back in the ninth session, registering a crushing win. He won €256,000 from Galfond to close the gap under €180K, with about 40% of the hands played. Following that, the players have traded small blows with the challenge fast approaching the 10,000-hand mark. After 9,500 hands, Galfond holds the lead, up €164,478.21.

This match-up is now well past the half-way mark. As per the terms of the challenge, at the end of the 15,000 hands, the player in the lead stands to collect an additional €150,000 from the side bet.

Stones & Justin Kuraitis File New Motions to Dismiss Postlegate Lawsuit

The legal back and forth in the Postlegate has continued even as the world fights the COVID-19 pandemic. Gambling attorney Mac VerStandig filed a multi-million-dollar lawsuit last October on behalf of dozens of poker players who were affected by the alleged cheating. The suit was filed against Mike Postle, Justin Kuraitis, Stones Gambling Hall’s ownership group, and a group of unnamed cohorts. This week, two of the defendants sent the ball back in the direction of Veronica Brill and the 87 other plaintiffs.

On Monday, King’s Casino Management Corp., the owner of Stones Gambling Hall, and Kuraitis filed separate motions to dismiss the recently amended complaints filed by Brill’s legal team.

Over the last few months, the defendants have tried several times to have the case thrown out of court.

In their latest motion to dismiss, Stones’ legal team claims that Brill et al. failed to “articulate facts or law to support their claims” in the amended complaint filed in late March.

The motion points out three specific reasons to dismiss:

1. Gambling losses are not considered damages under California law

2. The plaintiffs failed to “identify facts to cure the defects”in the amended complaint

3. The plaintiffs were unable to counter any arguments or citations made by Stones in their initial response

“Plaintiffs have already had an opportunity to amend to address the concerns raised by Stones. In 56 pages, the Plaintiffs failed to identify additional allegations they could make that would state claims for relief. They should not be granted leave to amend,” the motion read.

In its first motion to dismiss, the casino had argued that the plaintiffs were merely sore losers looking for an excuse.

“The lawsuit reflects the oldest complaints of gamblers – that their lack of success means they were cheated,” read the March filing.

In April, Stones claimed that “Casinos do not owe a general duty to care to gamblers.” VerStandig amended the complaint after each filing, which led to the multiple dismissal attempts from Stones.

This is Kuraitis’ first attempt at dismissal. His lawyers made similar arguments as Stones’ as they cited California law not allowing gamblers to seek restitution over gambling losses in court. His lawyers also took issue with Brill’s legal team citing cases “from two centuries ago”.

“On hands that defendant Postle won; he was the person who was ‘damaged,’ not plaintiffs. On hands that defendant Postle lost, plaintiffs would not suffer damages, and certainly not damages proximately caused by any alleged cheating.”

Postle himself filed a motion to dismiss in March but managed to land in some trouble over the filing. VerStandig is arguing that Postle, who is representing himself according to court documents, used a ghostwriter in the filings.

A ghostwriter isn’t against the law, but it is an ethical grey area, causing VerStandig to seek sanctions against Postle. Along with the original lawsuit filed last year in Northern California, Marle Cordeiro filed a separate lawsuit against Postle in Nevada last month.

From the looks of it, this legal battle is not looking like it will get over any time soon.