Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,495 
|
Post by Tennesseer on May 18, 2015 20:49:18 GMT -5
S.C. high court weighs if gambler can sue to recoup lost fortuneA South Carolina woman suing to recoup the fortune she lost gambling on video poker in a state where it is illegal will take her case to the state Supreme Court on Tuesday. Lauren Proctor says lost $700,000 at two restaurants in Columbia, South Carolina, according to court documents. At the time, she was addicted to gambling, she said. She sued to get her money back under the South Carolina Unfair Trade Practices Act. Courts previously have found that habitual gamblers act on "uncontrollable impulses" and deserve protection from themselves, her lawyers argued in a legal brief. Her right to sue was upheld by a state appellate court. However, the two establishments where she gambled, Rockaway Athletic Club and Pizza Man, have appealed to the high court. The issue before the court is whether a gambler can sue for recouped losses on a game that is illegal in the state, said James M. Griffin, a lawyer for the restaurant owners. Complete article below S.C. high court weighs if gambler can sue to recoup lost fortune My opinion is she should not get her money back. She partook in an illegal activity in her state and is suing two businesses who operated an illegal activity in her state too. Her lawsuit is akin to a coke user who bought fake coke from a drug dealer and now wants the courts to get their money back from thecdealer for the bad coke. Her gambling addiction should not be considered by the courts. We don't pardon drunk drivers who kill others even though alcohol abuse is an addiction too.
|
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770 
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 21:11:58 GMT -5
Heh. This particular mess has been going on for 10 years now. The woman in question embezzled nearly a million dollars from a real estate trust fund about 10 years ago. She got caught, the attorney for whom she worked (or was working with - don't know a lot of the details) ended up being disbarred. This broad got the FBI involved in investigating the company that owns these two restaurants. It's a real messy deal.  |
|
tallguy
Senior Associate
Joined: Apr 2, 2011 19:21:59 GMT -5
Posts: 14,160
|
Post by tallguy on May 18, 2015 21:16:32 GMT -5
I would love to hear the legal arguments on this. How do you think it will go?
Plaintiff: "Why yes, I did lose hundreds of thousands of dollars gambling. And yes, I embezzled from my employer to pay for it. But now I have to pay back $700,000 that I don't have so give me back all the money I lost so I can repay all the money I stole."
Defendants: Why yes, we were running illegal gambling for years. But we shouldn't have to give her the money back. She lost it fair and square."
If somebody gets an update later, please share it.... 
|
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 21:25:41 GMT -5
LOL! This thing is as convoluted as a back country family tree. Ain't nobody gonna win this 'possum! |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,495
|
Post by Tennesseer on May 18, 2015 21:26:34 GMT -5
Heh. This particular mess has been going on for 10 years now. The woman in question embezzled nearly a million dollars from a real estate trust fund about 10 years ago. She got caught, the attorney for whom she worked (or was working with - don't know a lot of the details) ended up being disbarred. This broad got the FBI involved in investigating the company that owns these two restaurants. It's a real messy deal. The woman sounds like a real piece of work. |
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 21:29:40 GMT -5
Heh. This particular mess has been going on for 10 years now. The woman in question embezzled nearly a million dollars from a real estate trust fund about 10 years ago. She got caught, the attorney for whom she worked (or was working with - don't know a lot of the details) ended up being disbarred. This broad got the FBI involved in investigating the company that owns these two restaurants. It's a real messy deal. The woman sounds like a real piece of work. That she surely is. All she wants is a way to pay off the money she stole from the trust fun and gambled away. Ummm ... sorry, Charlie. Starkist only takes tuna that smell good. You don't! |
|
tallguy
Senior Associate
Joined: Apr 2, 2011 19:21:59 GMT -5
Posts: 14,160
|
Post by tallguy on May 18, 2015 21:31:23 GMT -5
Yeah, we know all about those South Carolina women....  |
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 21:40:07 GMT -5
 South Carolina women? They got those? I thought South Carolina was full of Bubbas and Billy Bobs! 
|
|
tallguy
Senior Associate
Joined: Apr 2, 2011 19:21:59 GMT -5
Posts: 14,160
|
Post by tallguy on May 18, 2015 21:44:59 GMT -5
Must have 'em. I doubt EVERY Bubba or Billy Bob wants to play with Scooter. Or farm animals.
|
|
Deleted
Joined: May 2, 2024 0:53:34 GMT -5
Posts: 0
|
Post by Deleted on May 18, 2015 21:45:26 GMT -5
Addiction or not... if you gambled it legally and lost, it's gone (as far as I'm concerned, anyway). With these two places being ILLEGAL gambling places, she has, in my opinion, a "leg to stand on".
Back when poker machines were legal in SC... or if she'd lost on a Casino Boat... I'd personally say she's S.O.L., but that's not the case in this instance.
|
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 21:49:26 GMT -5
Must have 'em. I doubt EVERY Bubba or Billy Bob wants to play with Scooter. Or farm animals. *chuckle* I live here. You might be surprised. |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,495
|
Post by Tennesseer on May 18, 2015 21:54:25 GMT -5
Addiction or not... if you gambled it legally and lost, it's gone (as far as I'm concerned, anyway). With these two places being ILLEGAL gambling places, she has, in my opinion, a "leg to stand on". Back when poker machines were legal in SC... or if she'd lost on a Casino Boat... I'd personally say she's S.O.L., but that's not the case in this instance. But if she knew video gambling was illegal, and it sounds as if she knew, and continued to play, does she have a leg to stand on? She had to search for establishments which had the illegal video poker games. |
|
tallguy
Senior Associate
Joined: Apr 2, 2011 19:21:59 GMT -5
Posts: 14,160
|
Post by tallguy on May 18, 2015 21:55:00 GMT -5
Must have 'em. I doubt EVERY Bubba or Billy Bob wants to play with Scooter. Or farm animals. *chuckle* I live here. You might be surprised. Maybe, but South Carolina has been around for a long time. Some of them at least have to be breeding. You can't blame everything on in-migration. Especially considering the lack of reasons to move there....
|
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 21:59:23 GMT -5
*chuckle* I live here. You might be surprised. Maybe, but South Carolina has been around for a long time. Some of them at least have to be breeding. You can't blame everything on in-migration. Especially considering the lack of reasons to move there....
I've begun to suspect an aberrancy in the water hereabouts. It appears there may have been a change which allows procreation between species. Too many of these people look like opossums. Really.  |
|
Value Buy
Senior Associate
Joined: Dec 20, 2010 17:57:07 GMT -5
Posts: 18,680
Today's Mood: Getting better by the day!
Location: In the middle of enjoying retirement!
Favorite Drink: Zombie Dust from Three Floyd's brewery
Mini-Profile Name Color: e61975
Mini-Profile Text Color: 196ce6
|
Post by Value Buy on May 18, 2015 22:01:12 GMT -5
Addiction or not... if you gambled it legally and lost, it's gone (as far as I'm concerned, anyway). With these two places being ILLEGAL gambling places, she has, in my opinion, a "leg to stand on". Back when poker machines were legal in SC... or if she'd lost on a Casino Boat... I'd personally say she's S.O.L., but that's not the case in this instance. But if she knew video gambling was illegal, and it sounds as if she knew, and continued to play, does she have a leg to stand on? She had to search for establishments which had the illegal video poker games. According to pundits here, If she is driving in the left lane doing the speed limit, she's guilty of slowing traffic down If she is doing 80 mph in the left lane, breaking speed limit laws, she is ok. I guess since it was illegal, she should get it according to YMM members |
|
Value Buy
Senior Associate
Joined: Dec 20, 2010 17:57:07 GMT -5
Posts: 18,680
Today's Mood: Getting better by the day!
Location: In the middle of enjoying retirement!
Favorite Drink: Zombie Dust from Three Floyd's brewery
Mini-Profile Name Color: e61975
Mini-Profile Text Color: 196ce6
|
Post by Value Buy on May 18, 2015 22:02:38 GMT -5
Maybe, but South Carolina has been around for a long time. Some of them at least have to be breeding. You can't blame everything on in-migration. Especially considering the lack of reasons to move there....
I've begun to suspect an aberrancy in the water hereabouts. It appears there may have been a change which allows procreation between species. Too many of these people look like opossums. Really. There was a good article at MSN today on the role of males in sexual reproduction, and why it's all good. Should I post it? |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,495
|
Post by Tennesseer on May 18, 2015 22:02:45 GMT -5
But if she knew video gambling was illegal, and it sounds as if she knew, and continued to play, does she have a leg to stand on? She had to search for establishments which had the illegal video poker games. According to pundits here, If she is driving in the left lane doing the speed limit, she's guilty of slowing traffic down If she is doing 80 mph in the left lane, breaking speed limit laws, she is ok. I guess since it was illegal, she should get it according to YMM members Wrong thread? |
|
Deleted
Joined: May 2, 2024 0:53:34 GMT -5
Posts: 0
|
Post by Deleted on May 18, 2015 22:03:39 GMT -5
Addiction or not... if you gambled it legally and lost, it's gone (as far as I'm concerned, anyway). With these two places being ILLEGAL gambling places, she has, in my opinion, a "leg to stand on". Back when poker machines were legal in SC... or if she'd lost on a Casino Boat... I'd personally say she's S.O.L., but that's not the case in this instance. But if she knew video gambling was illegal, and it sounds as if she knew, and continued to play, does she have a leg to stand on? She had to search for establishments which had the illegal video poker games. I think she does... because they couldn't legally take her money (as gambling losses to her)... even if she WANTED to gamble there. |
|
mmhmm
Administrator
It's a great pity the right of free speech isn't based on the obligation to say something sensible.
Joined: Dec 25, 2010 18:13:34 GMT -5
Posts: 31,770
Today's Mood: Saddened by Events
Location: Memory Lane
Favorite Drink: Water
|
Post by mmhmm on May 18, 2015 22:04:09 GMT -5
I've begun to suspect an aberrancy in the water hereabouts. It appears there may have been a change which allows procreation between species. Too many of these people look like opossums. Really. There was a good article at MSN today on the role of males in sexual reproduction, and why it's all good. Should I post it? Well, I suppose you could. We've got a fairly mature audience, however. I surely hope they are all aware of the role of males in sexual reproduction.  |
|
Value Buy
Senior Associate
Joined: Dec 20, 2010 17:57:07 GMT -5
Posts: 18,680
Today's Mood: Getting better by the day!
Location: In the middle of enjoying retirement!
Favorite Drink: Zombie Dust from Three Floyd's brewery
Mini-Profile Name Color: e61975
Mini-Profile Text Color: 196ce6
|
Post by Value Buy on May 18, 2015 22:04:18 GMT -5
According to pundits here, If she is driving in the left lane doing the speed limit, she's guilty of slowing traffic down If she is doing 80 mph in the left lane, breaking speed limit laws, she is ok. I guess since it was illegal, she should get it according to YMM members Wrong thread? No, I was just saying most posters say breaking the law is ok, so maybe she should recoup her losses with that thinking. |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,495
|
Post by Tennesseer on May 18, 2015 22:11:41 GMT -5
But if she knew video gambling was illegal, and it sounds as if she knew, and continued to play, does she have a leg to stand on? She had to search for establishments which had the illegal video poker games. I think she does... because they couldn't legally take her money (as gambling losses to her)... even if she WANTED to gamble there. But it was a vidro poker machine-not a card dealer. Let me go back to my example: it is illegal to possess and use cocaine. I buy an 8-ball from a drug dealer. I start doing lines of coke and discover it's flour. I have been ripped off by the drug dealer. I take the dealer to small claims court to have the court force the dealer to give me my money back forcselling me fake coke I was a party to an illegal activity (buying drugs). Should the court rule in my favor for my illegal activity? Buy and selling drugs is illegal. |
|
Tennesseer
Member Emeritus
Joined: Dec 20, 2010 21:58:42 GMT -5
Posts: 63,495
|
Post by Tennesseer on May 18, 2015 22:12:42 GMT -5
No, I was just saying most posters say breaking the law is ok, so maybe she should recoup her losses with that thinking. Ahhh. Now I get it. |
|
djAdvocate
Member Emeritus
only posting when the mood strikes me.
Joined: Jun 21, 2011 12:33:54 GMT -5
Posts: 75,129
Mini-Profile Background: {"image":"","color":"000307"}
|
Post by djAdvocate on May 18, 2015 22:20:42 GMT -5
S.C. high court weighs if gambler can sue to recoup lost fortuneA South Carolina woman suing to recoup the fortune she lost gambling on video poker in a state where it is illegal will take her case to the state Supreme Court on Tuesday. Lauren Proctor says lost $700,000 at two restaurants in Columbia, South Carolina, according to court documents. At the time, she was addicted to gambling, she said. She sued to get her money back under the South Carolina Unfair Trade Practices Act. Courts previously have found that habitual gamblers act on "uncontrollable impulses" and deserve protection from themselves, her lawyers argued in a legal brief. Her right to sue was upheld by a state appellate court. However, the two establishments where she gambled, Rockaway Athletic Club and Pizza Man, have appealed to the high court. The issue before the court is whether a gambler can sue for recouped losses on a game that is illegal in the state, said James M. Griffin, a lawyer for the restaurant owners. Complete article below S.C. high court weighs if gambler can sue to recoup lost fortune My opinion is she should not get her money back. She partook in an illegal activity in her state and is suing two businesses who operated an illegal activity in her state too. Her lawsuit is akin to a coke user who bought fake coke from a drug dealer and now wants the courts to get their money back from thecdealer for the bad coke. Her gambling addiction should not be considered by the courts. We don't pardon drunk drivers who kill others even though alcohol abuse is an addiction too. this type of suit has been tried before, and the casino has always won. |
|
EVT1
Junior Associate
Joined: Dec 30, 2010 16:22:42 GMT -5
Posts: 8,596
|
Post by EVT1 on May 18, 2015 22:47:10 GMT -5
I think she does... because they couldn't legally take her money (as gambling losses to her)... even if she WANTED to gamble there. But it was a vidro poker machine-not a card dealer. Let me go back to my example: it is illegal to possess and use cocaine. I buy an 8-ball from a drug dealer. I start doing lines of coke and discover it's flour. I have been ripped off by the drug dealer. I take the dealer to small claims court to have the court force the dealer to give me my money back forcselling me fake coke I was a party to an illegal activity (buying drugs). Should the court rule in my favor for my illegal activity? Buy and selling drugs is illegal. You are 100% on the right track TN- a court will not enforce an illegal contract- and that is the tack the illegal operators are taking- and they will win. This is settled law.
BTW selling fake drugs is just about as bad as selling the real ones under the law
|
|
Deleted
Joined: May 2, 2024 0:53:34 GMT -5
Posts: 0
|
Post by Deleted on May 19, 2015 5:29:48 GMT -5
I think she does... because they couldn't legally take her money (as gambling losses to her)... even if she WANTED to gamble there. Let me go back to my example: it is illegal to possess and use cocaine. I buy an 8-ball from a drug dealer. I start doing lines of coke and discover it's flour. I have been ripped off by the drug dealer. I take the dealer to small claims court to have the court force the dealer to give me my money back forcselling me fake coke I was a party to an illegal activity (buying drugs). Should the court rule in my favor for my illegal activity? Buy and selling drugs is illegal. doesn't matter (in my eyes anyway). By the machines being illegal they void any right of money collection. But I'm also only saying she "has a leg to stand on"... I'm not saying the court should necessarily rule in her favor. Think of it this way... if it was a legal casino, I'd say she has zero% right to the money she wagered. With it being an illegal casino, now we are at 25% they have no right to have/keep it, and she has 25% claim to it... and the state has a possibility of claim to it in the 50% range. Depending on where the scale of justice lands. |
|
happyhoix
Distinguished Associate
Joined: Oct 7, 2011 7:22:42 GMT -5
Posts: 20,896
|
Post by happyhoix on May 19, 2015 8:23:36 GMT -5
S.C. high court weighs if gambler can sue to recoup lost fortuneA South Carolina woman suing to recoup the fortune she lost gambling on video poker in a state where it is illegal will take her case to the state Supreme Court on Tuesday. Lauren Proctor says lost $700,000 at two restaurants in Columbia, South Carolina, according to court documents. At the time, she was addicted to gambling, she said. She sued to get her money back under the South Carolina Unfair Trade Practices Act. Courts previously have found that habitual gamblers act on "uncontrollable impulses" and deserve protection from themselves, her lawyers argued in a legal brief. Her right to sue was upheld by a state appellate court. However, the two establishments where she gambled, Rockaway Athletic Club and Pizza Man, have appealed to the high court. The issue before the court is whether a gambler can sue for recouped losses on a game that is illegal in the state, said James M. Griffin, a lawyer for the restaurant owners. Complete article below S.C. high court weighs if gambler can sue to recoup lost fortune My opinion is she should not get her money back. She partook in an illegal activity in her state and is suing two businesses who operated an illegal activity in her state too. Her lawsuit is akin to a coke user who bought fake coke from a drug dealer and now wants the courts to get their money back from thecdealer for the bad coke. Her gambling addiction should not be considered by the courts. We don't pardon drunk drivers who kill others even though alcohol abuse is an addiction too. this type of suit has been tried before, and the casino has always won. The twist is this was not a legal casino, this was some pizza place with an illegal gambling game. I would say anything you lose at a casino you don't get to bitch about. This woman is trying to claim that she had a sickness, and that this pizza place was acting illegally in providing a device that allowed her to indulge her sickness, and therefore they have to pay the money back. An interesting twist, but I still don't think it will fly (nor should it) - on the same principle that a drug addict can't sue to get his drug money back - he knew he was doing something illegal when he did it, and so did she. I think they refer to this as coming to court with dirty hands. |
|
Deleted
Joined: May 2, 2024 0:53:34 GMT -5
Posts: 0
|
Post by Deleted on May 20, 2015 21:25:46 GMT -5
How long do you have to sit on machines to lose $700,000 OMG!!!
|
|
Deleted
Joined: May 2, 2024 0:53:34 GMT -5
Posts: 0
|
Post by Deleted on May 20, 2015 22:35:44 GMT -5
No kidding!
|
|
tallguy
Senior Associate
Joined: Apr 2, 2011 19:21:59 GMT -5
Posts: 14,160
|
Post by tallguy on May 20, 2015 23:05:09 GMT -5
How long do you have to sit on machines to lose $700,000 OMG!!! Six years. $1000-$5000 per week from 1999-2005.
Of course that may not be all she actually lost. The writing in the article is a little sloppy. That $700,000 is the amount she has to repay the embezzled employer. She probably also lost a bunch before she started stealing.
|
|
