Doug Polk Facing Lawsuit in Attack on Texas Poker Clubs

07:49
05 Apr

Mark T. Lavery, an attorney from Illinois who has been litigating against forms of gambling he deems illegal for over a decade, has filed four lawsuits in Texas targeting social-club poker clubs.

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Maverick Lawyer Targets Texas Poker Rooms

Three of the suits target cardrooms, including The Lodge in Round Rock, TX, whose owners include poker players Doug Polk, Brad Owen, and Andrew Neeme. The fourth lawsuit, filed in February, is against Nate Silver of ESPN fame, who frequently plays poker at The Lodge and other locations in Texas.

Lavery's complaint against Silver also mentions Doug Polk, Brad Owen, and Andrew Neeme, accusing them of illegal activities and accusing Silver of being part of a "combination" with Polk, Owen, and Silver. The Nevada-based Overlay Gaming Corp, the parent company of PokerAtlas, is also a named defendant in two of Lavery's four Texas lawsuits.

Lavery has also filed a defamation complaint against Polk in Illinois. The complaint alleges that Polk referred to Lavery as a "total nut job" in an email to a well-known tax accountant, Theresa Fox, damaging Lavery's business reputation.

The other two lawsuits are aimed at poker rooms in San Antonio and Lubbock, with Lavery suing perceived owners Sammy Wayne Nooner, Rickey Plunkett, Robert McGovern, and Samuel Ashcraft. Overlay Gaming Corp is also listed as a co-defendant in both cases.

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Doug Polk Accused of Participating in Organised Crime

Each of Lavery's complaints cites Texas state statutes related to suing those who participate in common or public nuisances, with references to "organised crime" or "organised criminal activity" in each declaration. The lawsuits also reference a tragedy in Lavery's past that contributes to his animus toward gambling forms he believes are illegal.

Lavery seeks a windfall through the cases, with his action against The Lodge's individual and corporate owners alone seeking $1.2 million in exemplary damages. Lavery seeks an additional $2.4 million from the other defendants, bringing his total damages sought to $2.6 million. Lavery is also seeking full reimbursement of his legal fees.

While a handful of Texas poker clubs have recently been raided, the legality issue has been addressed on a county-by-county basis, with no state-wide law declaring social-poker clubs legal. Texas's approximately 70 poker clubs operate in a grey legal area, with some clubs being raided and others operating without issue.