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PartyGaming Files to Dismiss Kentucky Case

By Robert Jones, Rakeback.com Staff Writer

Party Poker LogoPartyGaming, operator of PartyPoker, has filed a motion to dismiss a Kentucky lawsuit.  The lawsuit is specifically attempting to recoup monies accrued by PartyGaming from the dates of August 2005 and October 2006.  The suit also says that Kentucky residents “suffered damages as a result of said companies targeting the Commonwealth’s citizens.”  The lawsuit also targets Pocket Kings, operator of Full Tilt Poker, and Microgaming.

PartyGaming’s motion to dismiss the lawsuit focuses on three different reasons:

  1.  Service was improper because it was not done in compliance with the standards set forth in the Hague Convention;     
  2. The Secretary of Justice has no power to bring this lawsuit (only the Attorney General has such power); and
  3. The Commonwealth has failed to state a claim because it has not identified a “loser” or a “loss” and it has failed to allege facts to show that PartyGaming is a “winner.”

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This isn’t the first time that Kentucky has come after the online poker industry.  Previously the state attempted to seize 141 industry-website domain names, but was shot down when they lost on appeal.

The court date to hear PartyGaming’s motion to dismiss the case has not yet been determined.

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