A new class action lawsuit has been brought against Full Tilt Poker, more than one month after four poker players brought a similar suit against the suspended operator. The case – brought by Canadian players Zayn Jetha and Donald Whelan, names just three individuals: indicted founders Ray Bitar and Nelson Burtnick as well as Team Full Tilt member Howard Lederer. It also names Full Tilt Poker Ltd. and several associated companies including Orinic, Oxalic, Tiltware and Vantage. A summons was issued to the individuals and companies concerned on 9 August.
The lawsuit was filed in the United States District Court for the Southern District of New York last week and is very similar to the class action lawsuit filed by Todd Terry et al. in June who filed on behalf of US players only. However, the plaintiffs in the latest class action lawsuit, Zayn Jetha and Donald Whelan, of Canada, filed on behalf of anyone who held accounts on Full Tilt Poker who have not been paid back any or a portion of their account balance.
In the latest lawsuit, the list of defendants includes only Ray Bitar, Howard Lederer and Nelson Burtnick but does not include the long list of Full Tilt Pros. The plaintiffs are asking for the return of players’ funds and the payment of costs and legal fees as well as punitive damages.
The first lawsuit progresses and many of the defendants were served back in July, and proof of service for Pocket Kings (the operating company for Full Tilt Poker) was published last week. Poker pro Phil Gordon, who was originally named as one the defendants, was dismissed from the lawsuit after oral arguments were heard that Gordon was never involved in managerial or operational decisions of Full Tilt. None of the other defendants have been dismissed.
Players with funds owed to them would likely prefer that some investor emerges to rescue to Full Tilt rather than the cases going to the courts.
Some more info about the filing can be found here .