PartyGaming contests Kentucky lawsuit
PartyGaming is contesting the Commonwealth of Kentucky's lawsuit to recoup monies allegedly lost by state residents on the site prior to the operator's US exit in late 2006.
PartyGaming has issued a motion to dismiss the Commonwealth of Kentucky’s lawsuit to recoup monies allegedly lost on the site by state residents over four years ago.
The operator was added to the lawsuit targeting Full Tilt Poker owner Pocket Kings in August, with the lawsuit amended last month to include Isle of Man-based casino supplier Microgaming. The Commonwealth of Kentucky is seeking the return of monies allegedly accued by the operator from state residents between August 2005 and October 2006, when PartyGaming pulled out of the US market upon passage of the Unlawful Internet Gambling Enforcement Act.
Now the operator has issued a motion to dismiss the complaint on three counts. First, that the Commonwealth of Kentucky failed to follow proper procedure for the issue of legal documents to foreign companies, as laid out under the Hague Convention, and as applied to the London-listed and Gibraltar-regulated operator.
Second, Kentucky’s Secretary of Justice also has no legal authority to bring the lawsuit, argues the motion, “ather the responsibility to initiate such a lawsuit is vested with the Attorney General”, who, according to PartyGaming’s counsel, has yet to participate in proceedings.
Third, argues Party’s lawyer, the Commonwealth of Kentucky has failed to state a claim as it has “failed to indentify a single purported “loser”, a single quantifiable loss and a single date on which an alleged loss occurred.”
PartyGaming’s motion will be the subject of a special hearing in the Franklin Circuit Court on a date convenient to both parties.