Ivey Versus Borgata Continues With Legal Proceedings
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Recent news in the continued saga of Borgata versus Phil Ivey has involved the former's continued hounding pursuit of over $10 million it's legally owed stemming from a court decision in New Jersey.
However, the latest legal proceedings may slow Borgata's recent progress.
First, Ivey's lawyers are asserting that Borgata unlawfully garnished his World Series of Poker winnings.
Second, the legal battle has recommenced in an appeals court in New Jersey, and scrutiny has been on the state's gaming bureaucracy for failing to act in any meaningful way either in support of Borgata's claims or Ivey's initial winning session that's provided the fodder for everything that followed.
Fighting Back Against PPC Collection
Just after the WSOP, news broke that Borgata had served notice to WSOP brass that Ivey wasn't to be paid out anything he won from the final table of the $50,000 Poker Players Championship.
In the end, Ivey wound up busting in eighth for $124,410, of which he apparently collected nothing. The WSOP did wind up holding the money, with the check currently in possession of the U.S. Marshals as things remain in limbo.
"Claimants are requesting that the Writ of Execution be vacated nunc pro tunc and that the funds be returned."
Most recently Ivey's side has been fighting back, contesting the garnishment with the assertion that Ivey's backing agreement meant most of those winnings belong to other parties, namely Dan Cates and Illya Trincher.
FlushDraw, which has been on the story every step of the way, reported last week that Ivey's team went a step further.
Now, they're asserting that Borgata lawyer Jeremy Klausner failed to follow proper protocol in serving the writ of execution that led to Ivey's funds being frozen, as he isn't licensed in that state and did not partner with a locally licensed counsel as apparently required. Therefore, they say the freezing of those funds was therefore unlawful and should be reversed.
"Accordingly, Claimants are requesting that the Writ of Execution be vacated nunc pro tunc and that the funds be returned," the court filing reads.
On to Appeals Court
While things continue to be sorted on the Nevada front, the court battle in New Jersey resumed in the Third Circuit Court of Appeals last week.
There, attorneys for both sides met in court and fired their first salvos in the appeals process. However, details of the proceedings remain under seal, according to FlushDraw. What was released puts the microscope on two New Jersey gaming agencies, neither of which have apparently been bothered to contribute anything of consequence to the high-profile case.
“Nothing was hidden from you. These cards weren’t marked — here you had equal access.”
Apparently, the court requested both the Casino Control Commission and the Division of Gaming Enforcement provide briefs about the case. In response, both essentially passed the buck and left things up to the courts.
The DGE often serves as a mediator and arbitrator in situations where gamblers have a dispute with casinos. A good example came up in 2017 and 2018 with the bad beat jackpot at Red Rock Casino. The casino attempted to withhold jackpot winnings on a technicality before the Nevada Gaming Control Board ruled they needed to pay up.
Whether the DGE's decision not to file anything substantial will be in favor of Ivey or Borgata remains to be seen.
What does seem certain, according to Casino.org, is that presiding Judge Marjorie Rendell wasn't pleased with the situation. Additionally, she apparently expressed some favor toward Ivey's side.
“Nothing was hidden from you,” she pointed out to Borgata's lawyer. “These cards weren’t marked — here you had equal access.”
While Ivey's prospects seemed to be dwindling when Borgata was cleared to come after his assets earlier this year, things may be looking slightly up for him if the Nevada filings or the appeals court proceedings continue to develop in his favor.
Check back regularly as PokerNews continues to bring you the latest in the ongoing Ivey-Borgata saga.
In this Series
- 1 Ivey Claims He Used "Edge Sorting" in £7.8 Million Lawsuit With Crockfords
- 2 Top 10 Stories of 2013: #10, Ivey, Kagawa, Smith, and Others Face Legal Trouble
- 3 Borgata Files $9.6 Million Lawsuit Against Phil Ivey for Alleged Baccarat Cheating
- 4 Details Emerge in Borgata's Lawsuit Against Phil Ivey
- 5 Sorting Out the Law Behind Phil Ivey's Edge Sorting Debacle at Borgata
- 6 Phil Ivey Files Motion to Dismiss Borgata Lawsuit, Claims Win Was "All Skill"
- 7 Ivey's Edge-Sorting Accomplice, Cheng Yin Sun, Files Lawsuit Against Foxwoods
- 8 Breaking Down the Legality of Cheung Yin Sun's Edge-Sorting Lawsuit Against Foxwoods
- 9 Phil Ivey to Discuss "Edge Sorting" Lawsuits on 60 Minutes
- 10 Phil Ivey Loses £7.7 Million "Edge Sorting" Court Battle Against Crockfords Casino
- 11 Phil Ivey Appeals Against Crockford’s Ruling
- 12 Top 10 Stories of 2014: #2, Phil Ivey Endures More Legal Drama
- 13 Judge Rules Borgata Lawsuit Against Phil Ivey Can Proceed
- 14 Phil Ivey Appears in Car Commercial for 2015 Chrysler 300
- 15 Foxwoods Survives Edge Sorting Lawsuit from Phil Ivey's "Queen of Sorts" Accomplice
- 16 Phil Ivey Files Countersuit Against Borgata Regarding $9.6M in Baccarat Winnings
- 17 Highlights from Ivey/Borgata Deposition: Booze, Pretty Cocktail Waitresses and More
- 18 Borgata Contests Phil Ivey Counter-Claims
- 19 Ivey Granted Permission to Appeal £7.8 Million Edge-Sorting Case Against Crockfords
- 20 Phil Ivey's £7.8 Million Appeal in Crockfords Case Began Yesterday
- 21 Court Opinion Split on Phil Ivey's $9.6M Baccarat Win
- 22 Phil Ivey Contests Borgata Request for His Baccarat Winnings
- 23 Court Orders Phil Ivey to Return $10.1M to Borgata
- 24 The Mysterious Year for Phil Ivey
- 25 Poker Pro Phil Ivey Will Try to Appeal Borgata $10M Ruling
- 26 UK Supreme Court Grants Phil Ivey Permission to Appeal Crockfords Case
- 27 Phil Ivey Loses £7.7M Supreme Court Appeal in London Edge Sorting Case
- 28 Top 10 Stories of 2017, #7: Phil Ivey Loses $19 Million in Court Battles
- 29 Gemaco Playing Cards Off the Hook in Borgata Ivey Edge-Sorting Debacle
- 30 Phil Ivey Looks to Delay Payment of $10.1M to Borgata
- 31 Phil Ivey in Danger of Losing More to Borgata
- 32 Borgata Given Clearance to Seize Phil Ivey's Nevada Assets
- 33 Film Based on Phil Ivey's Baccarat Partner Cheung Yin “Kelly” Sun in the Works
- 34 Report: Borgata Seeking Phil Ivey's WSOP Winnings Plus $214K Interest
- 35 Report: Borgata Secured Phil Ivey's $50K PPC Winnings
- 36 Ivey Borgata Case Takes Another Turn as Cates and Trincher File Objection
- 37 Ivey Versus Borgata Continues With Legal Proceedings
