Kentucky Is Back in the News Again
22-Feb-10
In 2008, the Commonwealth of Kentucky filed a legal action against the owners of 141 internet domain names that are tied in with poker online. Well, it seems the Bluegrass State is at it again, naming more defendants in the case, but to date their names have not been released.
In October of 2009 the Supreme Court of Kentucky heard the case of The State of Kentucky v. IMEGA et al. The court is expected to hand down a ruling very, very soon, and the addition of defendants by the State is a mysterious legal move. Some speculate whether or not it will even have an impact on the final ruling.
IMEGA’s lawyers attempted to obtain the additional names, but the State’s counsel declined to offer the names. In the court of appeals, the State recognized the standing of IMEGA and others, but Joe Brennan, IMEGA’s chairman, said, “They’ve basically said that they don’t recognize our standing.” Again, another odd legal maneuver in the face of an appeal ruling in favor of the standing of IMEGA.
If the Commonwealth is successful in its actions, the 141 domain names would be under state control and would not only be inaccessible in the state, but would be inaccessible worldwide. This is quite a conundrum for the online poker scene.
But fear not, there are still some legal sleight of hand that can be played in the case that the Supreme Court of Kentucky rules in the State’s favor. In that event, an appeal can be brought in Federal court, which, in my opinion, is the court of competent jurisdiction anyway, and IMEGA and the other defendants can motion to stay the seizure pending the appeal. Don’t be surprised if this case makes it before SCOTUS, the Supreme Court of the United States.
In this legal battle of online poker, you can count on the poker community to raise the stakes, if a ruling is issued that isn’t in its favor.