Novack and Macey attorneys Eric N. Macey, Christopher S. Moore, Joshua E. Liebman, and Rebekah H. Parker recently won a resounding victory in the United States District Court for the Northern District of Illinois obtaining dismissal of a four-count class-action complaint against their client, Double Down Interactive, LLC, a wholly-owned subsidiary of IGT. Read Opinion.
Novack and Macey’s client operates online games. The games, which resemble popular casino games, can be played online or on mobile devices and smartphones. The plaintiff brought a four-count complaint, premised on the theory that, under Illinois law, the client was operating illegal “gambling devices” because the games were “not just games” but a form of illegal gambling. The complaint sought to force the client to stop operating the games and to recover all monies allegedly paid to play the games.
Novack and Macey moved to dismiss the complaint. In a 23-page opinion, Judge Edmond Chang ruled in favor of Novack and Macey’s client, and dismissed all four counts with prejudice. Judge Chang held — as Novack and Macey argued — that since money was not being risked on the outcome of the games, neither the client nor the plaintiff was gambling. Instead, and although the plaintiff purchased “virtual chips” to play the games, she got just what she paid for: the right to continue playing the games, and nothing else.