Re: CAW Class Action Lawsuit Summarized -R.I.C.O Allegations (237 Views)
Posted by: rezlegal (IP Logged)
Date: November 17, 2025 12:46PM
Silver- while I feel your pain and anger and am pleased that a legitimate firm and a plaintiff had the cahones to to shed light on the evil that is CAW wagering, this lawsuit is a long shot at best with a ways to go. First, no one is going to jail. Civil RICO lawsuits not only face a high bar but are quickly recognized by the judiciary as a plaintiff’s strategem to put fear in the defendants. As a matter of strategy this is what you can reasonably expect. The defendants will make motion to dismiss the complaint on various grounds that will put the case to sleep for 6-12 months. Even assuming the complaint is found to state a claim on behalf of the named plaintiff, in order for it to have any meaning it must achieve what is known as “ class action status” under the Federal Rules of Civil Procedure. Rule 23 requires that four elements be met to achieve class action status- 1.numerosity- meaning the size of the putative class is so large that it would be more efficient and in the interests of judicial economy for all the so called common claims to be in one claim. I am prepared to concede this case meets this test. Second, adequacy of representation- can these lawyers represent such a large group without conflict etc. Again, this test will be passed. The next two items ( were I representing the defendants are difficult. Those two claims are commonality ( are each plaintiffs claims the same) and typicality ( a variation on a theme). Everyone on this board bets for a different reason, would have to prove ( it seems to me) that any or all of the bets forming the claim were made in races where CAW involvement was present, and- it seems to me- that they either would not have made the bet had they known of CAW involvement ( every single person on this board fails that element)and had a reasonable expectation that the payoffs reflected at, let’s say 1 minute to post, were what a winning better would receive if successful in his or her wager. The comments over years on this board alone, reflect that many of you have continued to bet notwithstanding the existence of CAW and no one forced you to do so. There are other defenses ( and good luck with enormous burden - if the case gets that far- of engaging in pre trial discovery )but you get the thrust of my concern. As I said years ago, as one of the first to call this out on this board, eliminating or curtailing substantially your betting, is the best remedy- for yourselves and to send a message to the defendants. R
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