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	Comments on: Unshuffled decks at the mini-baccarat table	</title>
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	<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/</link>
	<description>Chronicling the high cost of our legal system</description>
	<lastBuildDate>Sun, 26 Aug 2012 13:12:14 +0000</lastBuildDate>
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		<title>
		By: Ron Miller		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172615</link>

		<dc:creator><![CDATA[Ron Miller]]></dc:creator>
		<pubDate>Sun, 26 Aug 2012 13:12:14 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172615</guid>

					<description><![CDATA[Bill, someone should also point out, I guess, that these are allegations, not facts.  And that these same people may be the ones who filed a countersuit saying this was all because they were Chinese.  (To me, this makes me question their credibility.)

I&#039;m all for suspending disbelief and assuming the facts of a complaint are true to analyze whether a suit is warranted, which is what this site pushes us to do by reporting on filed cases.   But while doing so, we really need to keep in mind these are just allegations.]]></description>
			<content:encoded><![CDATA[<p>Bill, someone should also point out, I guess, that these are allegations, not facts.  And that these same people may be the ones who filed a countersuit saying this was all because they were Chinese.  (To me, this makes me question their credibility.)</p>
<p>I&#8217;m all for suspending disbelief and assuming the facts of a complaint are true to analyze whether a suit is warranted, which is what this site pushes us to do by reporting on filed cases.   But while doing so, we really need to keep in mind these are just allegations.</p>
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		<title>
		By: Bill Poser		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172607</link>

		<dc:creator><![CDATA[Bill Poser]]></dc:creator>
		<pubDate>Sun, 26 Aug 2012 04:34:54 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172607</guid>

					<description><![CDATA[I&#039;m surprised that no one has mentioned the allegation that casino personnel entered a player&#039;s room without his permission, restrained him, searched the room, and detained him for eight hours. That is absolutely unconscionable and is presumably grounds for suit for invasion of privacy, false imprisonment and assault, among other things.]]></description>
			<content:encoded><![CDATA[<p>I&#8217;m surprised that no one has mentioned the allegation that casino personnel entered a player&#8217;s room without his permission, restrained him, searched the room, and detained him for eight hours. That is absolutely unconscionable and is presumably grounds for suit for invasion of privacy, false imprisonment and assault, among other things.</p>
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		<title>
		By: OBQuiet		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172527</link>

		<dc:creator><![CDATA[OBQuiet]]></dc:creator>
		<pubDate>Thu, 23 Aug 2012 16:33:03 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172527</guid>

					<description><![CDATA[Mark Biggar,

I am not sure that rule would apply. The players had exactly the same information as the pit crew(unless there was a change in staff along the way and even then, the had the same information as the casino did in aggregate). So I cannot see it as being unfair.]]></description>
			<content:encoded><![CDATA[<p>Mark Biggar,</p>
<p>I am not sure that rule would apply. The players had exactly the same information as the pit crew(unless there was a change in staff along the way and even then, the had the same information as the casino did in aggregate). So I cannot see it as being unfair.</p>
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		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172522</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Thu, 23 Aug 2012 13:54:36 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172522</guid>

					<description><![CDATA[Casinos refuse to pay off people who think they have won when the casino thinks there&#039;s an irregularity on a routine basis. That they get away with doing so without substantial adverse publicity is demonstrated by the fact that so many people in this thread think that casinos wouldn&#039;t normally refuse to pay off their customers without hurting their business.

As for whether the casino is unfair to do so here, I simply don&#039;t know. I see scenarios consistent with the reporting that cut in both directions for the reasons stated above.

In response to ras&#039;s question, the answer is &quot;maybe.&quot; I would suspect that it is near impossible to do without detection, however.]]></description>
			<content:encoded><![CDATA[<p>Casinos refuse to pay off people who think they have won when the casino thinks there&#8217;s an irregularity on a routine basis. That they get away with doing so without substantial adverse publicity is demonstrated by the fact that so many people in this thread think that casinos wouldn&#8217;t normally refuse to pay off their customers without hurting their business.</p>
<p>As for whether the casino is unfair to do so here, I simply don&#8217;t know. I see scenarios consistent with the reporting that cut in both directions for the reasons stated above.</p>
<p>In response to ras&#8217;s question, the answer is &#8220;maybe.&#8221; I would suspect that it is near impossible to do without detection, however.</p>
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		<title>
		By: ras		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172504</link>

		<dc:creator><![CDATA[ras]]></dc:creator>
		<pubDate>Thu, 23 Aug 2012 03:08:47 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172504</guid>

					<description><![CDATA[Ted&#039;s points are the most valid, I think.

Is it also possible for the dealer, had he (she?) been colluding w/the players, to have &quot;unshuffled the deck?&quot; That could hypothetically be part of a strategy, making the results seem more believable as a straightforward oops rather than as a collaboration. But I don&#039;t know if a dealer can have access to a deck beforehand, or if he can have surreptitiously switch it. Any casino-familiar readers know?]]></description>
			<content:encoded><![CDATA[<p>Ted&#8217;s points are the most valid, I think.</p>
<p>Is it also possible for the dealer, had he (she?) been colluding w/the players, to have &#8220;unshuffled the deck?&#8221; That could hypothetically be part of a strategy, making the results seem more believable as a straightforward oops rather than as a collaboration. But I don&#8217;t know if a dealer can have access to a deck beforehand, or if he can have surreptitiously switch it. Any casino-familiar readers know?</p>
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		<title>
		By: Carol Herman		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172499</link>

		<dc:creator><![CDATA[Carol Herman]]></dc:creator>
		<pubDate>Thu, 23 Aug 2012 02:19:27 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172499</guid>

					<description><![CDATA[Casino in Atlantic City will cause all gamblers who go in there, to be angry as hell at the management.

Losing money makes people angry, anyway.

NOT paying off winners?  It&#039;s about as stupid a move a casino can do.  Given that there will be long term consequences.

And, yes.  Their gambling license should be removed for failure to pay off debts.  This story went VIRAL!]]></description>
			<content:encoded><![CDATA[<p>Casino in Atlantic City will cause all gamblers who go in there, to be angry as hell at the management.</p>
<p>Losing money makes people angry, anyway.</p>
<p>NOT paying off winners?  It&#8217;s about as stupid a move a casino can do.  Given that there will be long term consequences.</p>
<p>And, yes.  Their gambling license should be removed for failure to pay off debts.  This story went VIRAL!</p>
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		<title>
		By: asdfasdf		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172496</link>

		<dc:creator><![CDATA[asdfasdf]]></dc:creator>
		<pubDate>Wed, 22 Aug 2012 23:47:24 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172496</guid>

					<description><![CDATA[The casino&#039;s refusing to honor its bets unless it is litigated against seems to me without sound legal or business basis. 

This highlights an asymmetry in business litigation that actually favors the business: the cost of litigating against the deep-pocket casino is so high in comparison to the sums at issue that the customers may well have to settle for less than they are owed.

This is one of those rare cases where one party&#039;s behavior - the casino&#039;s - is so egregious and abusive that it is basically impossible not to sympathize with any legal tactics by the victims. It&#039;s really quite rare to see a business trying to take advantage of the American rule in a cut-and-dried contract case against consumers, but this seems to be the case here. Anyway, the victim&#039;s almost have to assert civil rights claims in order to recover their legal fees here, which they ordinarily ought to get.

I&#039;m surprised, though, that the casino&#039;s license is not under review: you can&#039;t just refuse to pay players when they win and claim you&#039;re running at fair odds.]]></description>
			<content:encoded><![CDATA[<p>The casino&#8217;s refusing to honor its bets unless it is litigated against seems to me without sound legal or business basis. </p>
<p>This highlights an asymmetry in business litigation that actually favors the business: the cost of litigating against the deep-pocket casino is so high in comparison to the sums at issue that the customers may well have to settle for less than they are owed.</p>
<p>This is one of those rare cases where one party&#8217;s behavior &#8211; the casino&#8217;s &#8211; is so egregious and abusive that it is basically impossible not to sympathize with any legal tactics by the victims. It&#8217;s really quite rare to see a business trying to take advantage of the American rule in a cut-and-dried contract case against consumers, but this seems to be the case here. Anyway, the victim&#8217;s almost have to assert civil rights claims in order to recover their legal fees here, which they ordinarily ought to get.</p>
<p>I&#8217;m surprised, though, that the casino&#8217;s license is not under review: you can&#8217;t just refuse to pay players when they win and claim you&#8217;re running at fair odds.</p>
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		<title>
		By: another guy named Dan		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172494</link>

		<dc:creator><![CDATA[another guy named Dan]]></dc:creator>
		<pubDate>Wed, 22 Aug 2012 22:06:42 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172494</guid>

					<description><![CDATA[Other factors specific to the game of baccarat:  The odds of winning 41 consecutive hands is, by my calculation, roughly 1 in 2.2 trillion.  Now pretty much every casino I&#039;ve been to reserves the right to open or shut down tables at their discretion, as well as change limits .  It looks like here the house decided to keep the table live in an effort to detect how the players were cheating, rather than shutting it down when it became apparent that there was something more than a bad run going on.

Secondly, it looks like the players may have been communicating with each other in a language unknown to the security staff.  It is situations like this that many casinos, and virtually all poker parlors require all table chat to be in English, regardless of the nationality of the players.  Again, if this rule existed and was not enforsed by the floor men, it should not be held against the players.

Finally, with respect to card counters in baccarat or blackjack, it takes about a quarter to a third of the shoe being played to shift the odds appreciably.  A casinos best defense against a suspected successful card counter is simply to increase the frequency with which they shuffle or replace the decks so there is never the chance for a shoe to go strong or weak.]]></description>
			<content:encoded><![CDATA[<p>Other factors specific to the game of baccarat:  The odds of winning 41 consecutive hands is, by my calculation, roughly 1 in 2.2 trillion.  Now pretty much every casino I&#8217;ve been to reserves the right to open or shut down tables at their discretion, as well as change limits .  It looks like here the house decided to keep the table live in an effort to detect how the players were cheating, rather than shutting it down when it became apparent that there was something more than a bad run going on.</p>
<p>Secondly, it looks like the players may have been communicating with each other in a language unknown to the security staff.  It is situations like this that many casinos, and virtually all poker parlors require all table chat to be in English, regardless of the nationality of the players.  Again, if this rule existed and was not enforsed by the floor men, it should not be held against the players.</p>
<p>Finally, with respect to card counters in baccarat or blackjack, it takes about a quarter to a third of the shoe being played to shift the odds appreciably.  A casinos best defense against a suspected successful card counter is simply to increase the frequency with which they shuffle or replace the decks so there is never the chance for a shoe to go strong or weak.</p>
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		<title>
		By: Ted		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172492</link>

		<dc:creator><![CDATA[Ted]]></dc:creator>
		<pubDate>Wed, 22 Aug 2012 21:56:34 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172492</guid>

					<description><![CDATA[One suspects that there is missing information in the story; I imagine that the casino suspects the gamblers of collusion with the dealers, and, reading between the lines, accused them of such. There may be ambiguous actions that support a theory of collusion/cheating, such as abnormally large tips, though abnormally large tips are also consistent with a very big winning streak. But there could also have been tacit collusion: the dealers also recognizing that the decks were not pre-shuffled, but wanting to keep getting paid big tips for winning. And normally, if bet sizes are changed dramatically, casino policy would have the dealers notify the pit bosses by shouting &quot;checks play!&quot;--did they fail to do so? If that happened, the casino has a grievance against its employees, for sure; if the collusion to keep playing was explicit, rather than tacit, there are criminal issues. 

The gamblers may well have a cause of action against the casino if there wasn&#039;t collusion or dealer misconduct. If nothing else, they haven&#039;t been paid; they may have been held against their will improperly when they were being questioned.

If the casino wasn&#039;t provided with pre-shuffled decks, and the contract called for such pre-shuffling, that would seem to be a straightforward breach of contract.]]></description>
			<content:encoded><![CDATA[<p>One suspects that there is missing information in the story; I imagine that the casino suspects the gamblers of collusion with the dealers, and, reading between the lines, accused them of such. There may be ambiguous actions that support a theory of collusion/cheating, such as abnormally large tips, though abnormally large tips are also consistent with a very big winning streak. But there could also have been tacit collusion: the dealers also recognizing that the decks were not pre-shuffled, but wanting to keep getting paid big tips for winning. And normally, if bet sizes are changed dramatically, casino policy would have the dealers notify the pit bosses by shouting &#8220;checks play!&#8221;&#8211;did they fail to do so? If that happened, the casino has a grievance against its employees, for sure; if the collusion to keep playing was explicit, rather than tacit, there are criminal issues. </p>
<p>The gamblers may well have a cause of action against the casino if there wasn&#8217;t collusion or dealer misconduct. If nothing else, they haven&#8217;t been paid; they may have been held against their will improperly when they were being questioned.</p>
<p>If the casino wasn&#8217;t provided with pre-shuffled decks, and the contract called for such pre-shuffling, that would seem to be a straightforward breach of contract.</p>
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		<title>
		By: RT		</title>
		<link>https://www.overlawyered.com/2012/08/unshuffled-decks-mini-baccarat-table/comment-page-1/#comment-172489</link>

		<dc:creator><![CDATA[RT]]></dc:creator>
		<pubDate>Wed, 22 Aug 2012 20:49:28 +0000</pubDate>
		<guid isPermaLink="false">http://overlawyered.com/?p=32238#comment-172489</guid>

					<description><![CDATA[&quot;One of it’s clauses defines one way to cheat is to play a game of chance with unfair knowledge of the game situation. Just like continuing to play poker after seeing that you opponents hand is visible in a reflection behind them is cheating, so is this.&quot;

No.  They had no way of knowing 100% certain that the next cards dealt were going to continue to be in order.]]></description>
			<content:encoded><![CDATA[<p>&#8220;One of it’s clauses defines one way to cheat is to play a game of chance with unfair knowledge of the game situation. Just like continuing to play poker after seeing that you opponents hand is visible in a reflection behind them is cheating, so is this.&#8221;</p>
<p>No.  They had no way of knowing 100% certain that the next cards dealt were going to continue to be in order.</p>
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