Borgata Files Cross-Appeal In Ivey Case

Borgata Files Cross-Appeal In Ivey Case
In what seems to be a never-ending saga, the Borgata Hotel and Casino has now filed yet another appeal against Phil Ivey in relation to his participation in edge sorting on their premises.

The cross-appeal made by Marina District Development seeks to gain the company a higher reward to cover the expenses it incurred to provide Ivey with the game.

The Original Ruling

The court’s original ruling awarded the Borgata Hotel and Casino $10.13 million dollars. This incorporated the $9.6 million of the $10 million won by Ivey and his partner, and an additional $500000 in damages. This simply returned both parties to the same financial position they held before the scandal broke.

Borgata filed this cross-appeal just weeks after Ivey and Sun filed an appeal of their own. There is speculation that the appeal may be due to the loss they sustained when trying to sue card manufacturer Gemaco.

The hotel and casino giant lost the summary judgment after accusing the manufacturer of knowingly supplying defective cards. To add insult to injury the New Jersey Judge ordered Gemaco to pay just $26 in damages, the cost of the defective deck of cards.

Seeking Compensation for Expenses

Borgata has stated that the $5.4 million in damages from its initial lawsuit and the fact that it was denied an additional $9.6 million dollars in lost winnings to be inequitable. The company seeks to see higher compensation for the offense committed at their casino.

The Waiting Game Begins

The whole appeal process is now in the 14-day investigation period. The parties will use this time to collect statements, issue document requests and get summaries. The deadline is expected to be extended in light of the newest cross-appeal. The matter will be heard in court by a full panel of judges.

Although Gemaco will no longer be part of the court proceedings, the company will still be requested to submit supporting documentation. The New Jersey Police have also been called upon and are expected to appear during the course of the appeal. The police department, which was tasked with investigating Ivey and Sun by the Bogata, opted against filing independent charges against the two players. Their failure to file has given rise to questions about which side they will be appearing for.

The NJ police should have filed a brief by the 18th of September however, to date no filing has been confirmed.