Nevada-based Lawsuit Against Mike Postle Dismissed For Lack of Jurisdiction1 year ago
US District Court of Nevada judge James C. Mahan has dismissed an action brought by poker pro Marle Cordeiro against alleged “Stones Live!” poker cheater Mike Postle, citing a lack of jurisdiction over key elements in the case. The judgment and related opinion, dated Friday, August 14, 2020, likely ends the attempts to hold Postle civilly responsible for any of the alleged cheating activity.
Back in June, Postle was dismissed as a co-defendant in a California case, though settlement talks between that case’s 88 plaintiffs and the other defendants, Sacramento’s Stones Gambling Hall and “Stones LIve!” show director Justin Kuraitis, are ongoing. Instead of being an 89th defendant in that case, Las Vegas resident Cordeiro opted to sue Postle -- and only Postle -- in Nevada, citing circumstances that Cordeiro and her counsel, gambling-law lawyer Maurice “Mac” VerStandig, believed brought the matter under Nevada jurisdiction.
Judge Mahan quashed those claims in his August 14 opinion, citing the three-part “Calder Test” as his reasoning for dismissal. Mahan cited case precedent in writing:
“Under Calder, the ‘effects’ test requires that the defendant allegedly has (1) committed an intentional act, (2) expressly aimed at the forum state (meaning Nevada), (3) [and] causing harm that the defendant knows is likely to be suffered in the forum state.”
However, Judge Mahan found that the claims could not be applied against Postle as claimed, inferring that Stones’ Gambling Hall parent company King’s Casino LLC might have been the more likely target defendant.
“[P]laintiff argues that because defendant’s poker activities in California were broadcast online, it was aimed at or had an effect in Nevada, because that is where plaintiff resides and where she watched the broadcast games. Further, plaintiff argues that watching the broadcast games in Nevada ‘lured [her] into participating, causing her to be ultimately swindled and defrauded by the defendant.’ In other words, plaintiff argues that although the alleged cheating occurred in California, defendant should be subject to Nevada jurisdiction because a third party (Stones Gambling Hall) broadcast the alleged misconduct to Nevada, where she watched the games. This argument fails to consider that the defendant was a participant of the broadcast games—not the broadcaster—thus, defendant did not ‘expressly aim’ his alleged poker misconduct at the state of Nevada.”
Cordeiro filed her lawsuit in April, seeking $250,000 in damages and a jury trial, citing five causes of action against Postle over the alleged cheating activity:
- Violation of Racketeer Influenced and Corrupt Organizations Act (RICO) by using wire transmissions to cheat;
- Fraud for falsely claiming to be an honest player;
- Negligent misrepresentation by claiming Stones’ games were honest;
- Negligence per se by devising a scheme by which defraud by means of false pretenses;
- Negligence per se for violating the California Penal Code regarding cheating in a gambling game.
Postle filed his dismissal motion in late June.
Cordeiro’s attorney, VerStandig, told this reporter:
“The US District Court for the District of Nevada found Mr. Postle lacks sufficient contacts with the State of Nevada to be sued there, and accordingly dismissed the case. I have immense respect for the court as well as the judge who issued the ruling; it is well-written and well-reasoned. Importantly, however, the order does not speak to the merits of the case. Ms. Cordeiro and I are still reviewing the order and assessing various options.”
Postle did not respond to a request for comment regarding the court’s dismissal of the Nevada case.
Our extensive coverage of the Postlegate scandal can be viewed below for those wishing to brush up on the entire case:
- Sick Heater or Sick Cheater? StonesLive Player Under Suspicion
- Updates on Mike Postle Poker Cheating Scandal at StonesLive
- Mike Postle Denies Cheating Allegations On The Mouthpiece Podcast
- Is Mike Postle Really A Cheat?
- Mike Postle, Stones and Kuraitis Named in $10million Cheating Scandal Lawsuit
- Veronica Brill - The Real Hero Of The Stones Live Poker Cheating Scandal
- Has Matt Berkey Discovered The Postlegate Cheating Method?
- Is Jonathan Little Unfairly Cashing in on Postlegate Scandal?
- Top 5 Hands Mike Postle Allegedly Cheated On Stones Live Cash Game
- Postlegate Whistleblower Veronica Brill Reveals Inner Workings of Stones Cheating Scandal
- Mike Postle Will Not Go To Jail Over Cheating Scandal
- Mike Postle In Hiding As $10Million Lawsuit Heads To Court
- Mike Postle's Magazine Releases Anonymous Article Casting Doubt on Cheating Claims
- Anonymous Claims That Mike Postle Played At Other Casinos During Alleged Cheating Streak
- Alleged Poker Cheat Mike Postle Finally Acknowledges $10million Lawsuit
- Another Delay in Mike Postle Cheating Case
- Stones Gambling Hall Asks for Postlegate Cheating Case to be Dismissed
- Mike Postle Files Response in Poker-Cheating Case
- New Defense Briefs and Alleged Victims Lawsuits Filed as Postlegate Continues
- Second Lawsuit Filed Over Mike Postle Poker Cheating Allegations
- Mike Postle Amends Dismissal Motion in Poker Cheating Case
- Plaintiffs Seek Sanctions Against Alleged Poker Cheat Mike Postle
- Mike Postle Accused of Dodging Legal Service in Second Poker Cheating Case
- Mike Postle Cheating Lawsuit: Plaintiffs File Response to Stones’ Denial of Responsibility
- Stones Gambling Hall, Kings Casino File Amended Motions to Dismiss Postlegate Lawsuit
- Shock as Mike Postle Cheating Case Dismissed by Judge
- Mike Postle Fights to Dismiss Nevada Cheating Lawsuit by Marle Cordeiro
- Settlement Talks Disclosed Between Stones Gambling Hall, Alleged Cheating Victims
- Veronica Brill Shocked by Postlegate Netflix Documentary Claims
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