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#1 2008-08-18 11:47 am

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40380

Class-action lawsuit may cost gambling authority dearly

Quebec gambling addicts file class-action lawsuit against province's gambling commission

A class-action lawsuit brought by a group of pathological gamblers is seeking compensation from Loto-Quebec for their addiction treatments.

With the plaintiffs claiming around 119,000 gamblers can trace their addictions to VLTs, a judgment could cost Loto-Quebec upwards of $500 million, excluding exemplary damages.

"Despite the fact that studies on the dangers of pathological gaming and its treatments were known, the defendant didn't consider its obligation to warn users of the dangers of dependence," the statement of claim reads.

Brochu maintains that when the machines were introduced, they were equipped with misleading warnings about the dangers of addiction.

"In using the message 'In moderation a game remains a game,' the defendant puts the responsibility of pathological gambling on the user," the lawsuit states.

Loto-Quebec counters that it has better tailored its messages over time and increasingly invests in resources for problem gamblers.

A court decision last year forced the gaming commission to release documents about gambling-related suicides at Quebec casinos.

The documents, which Loto-Quebec fought hard to keep secret, provided a grim look at what has become an important revenue stream for the government.

It'll be interesting to see where this goes. If the gambling commission really is found liable, many governments will have to pay through the nose. Gambling has become pretty widespread across the continent ... will this lawsuit change that, if it succeeds?


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#2 2008-08-18 11:49 am

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Class-action lawsuit may cost gambling authority dearly

This reminds me I need to plan another trip to Vegas soon.


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#3 2008-08-18 11:56 am

nayrk
User Error
From: Outland
Registered: 2004-05-01
Posts: 622

Re: Class-action lawsuit may cost gambling authority dearly

bratboy wrote:

This reminds me I need to plan another trip to Vegas soon.

wanna make a road trip out of it? big_smile


Roses are red
Violets are blue
I'm a schizophrenic
And so am I

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#4 2008-08-18 12:37 pm

Pithecanthropus
Roast Master
From: St. Cloud, MN
Registered: 2002-12-30
Posts: 3638
Website

Re: Class-action lawsuit may cost gambling authority dearly

Isn't that a little like suing a brewery or distillery for your alcoholism?


Grandfatherly advice:  You can drink 'em pretty, but you can't drink 'em smart.

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#5 2008-08-18 12:39 pm

nayrk
User Error
From: Outland
Registered: 2004-05-01
Posts: 622

Re: Class-action lawsuit may cost gambling authority dearly

Pithecanthropus wrote:

Isn't that a little like suing a brewery or distillery for your alcoholism?

Perhaps, but lets be honest this sounds like more fun.


Roses are red
Violets are blue
I'm a schizophrenic
And so am I

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#6 2008-08-18 12:39 pm

KHannon
Fightin' Legal Irish
From: Notre Dame Law School
Registered: 2000-05-14
Posts: 2838

Re: Class-action lawsuit may cost gambling authority dearly

ShnickyShnack wrote:

Quebec gambling addicts file class-action lawsuit against province's gambling commission

A class-action lawsuit brought by a group of pathological gamblers is seeking compensation from Loto-Quebec for their addiction treatments.

With the plaintiffs claiming around 119,000 gamblers can trace their addictions to VLTs, a judgment could cost Loto-Quebec upwards of $500 million, excluding exemplary damages.

"Despite the fact that studies on the dangers of pathological gaming and its treatments were known, the defendant didn't consider its obligation to warn users of the dangers of dependence," the statement of claim reads.

Brochu maintains that when the machines were introduced, they were equipped with misleading warnings about the dangers of addiction.

"In using the message 'In moderation a game remains a game,' the defendant puts the responsibility of pathological gambling on the user," the lawsuit states.

Loto-Quebec counters that it has better tailored its messages over time and increasingly invests in resources for problem gamblers.

A court decision last year forced the gaming commission to release documents about gambling-related suicides at Quebec casinos.

The documents, which Loto-Quebec fought hard to keep secret, provided a grim look at what has become an important revenue stream for the government.

It'll be interesting to see where this goes. If the gambling commission really is found liable, many governments will have to pay through the nose. Gambling has become pretty widespread across the continent ... will this lawsuit change that, if it succeeds?

I am not too familiar with the operations of the Canadian court system, but in the United States, these types of mass exposure class actions often follow a similar course: the defendants will file a motion to dismiss to try to get the case thrown out for failing to state a viable claim.  If they lose there, discovery will commence and at the close of that the defendants will try to get the case thrown out at the summary judgment stage. 

If they lose there, the defendants almost routinely settle (even if there is a 99% chance they will win) because that 1% risk of having a cataclysmic loss is too much than they can bear.  The fact that this is a government agency would probably alter the analysis some, of course.

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#7 2008-08-18 12:58 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Class-action lawsuit may cost gambling authority dearly

nerd


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#8 2008-08-18 12:59 pm

macnuke
just a plano guy
Moderator
From: North Dallas 40
Registered: 2004-05-16
Posts: 6628

Re: Class-action lawsuit may cost gambling authority dearly

well it's the guns that kill people. not the guns. so the gun manufacturers are liable.
therefore.....


" ...But instead of getting mad, everyone sits around and nods their heads when the politicians say, "Stay the course." Stay the course? You've got to be kidding. This is America, not the damned Titanic. I'll give you a sound bite: Throw the bums out!
Lee Iacocca

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#9 2008-08-18 1:56 pm

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40380

Re: Class-action lawsuit may cost gambling authority dearly

KHannon wrote:

ShnickyShnack wrote:

Quebec gambling addicts file class-action lawsuit against province's gambling commission

A class-action lawsuit brought by a group of pathological gamblers is seeking compensation from Loto-Quebec for their addiction treatments.

With the plaintiffs claiming around 119,000 gamblers can trace their addictions to VLTs, a judgment could cost Loto-Quebec upwards of $500 million, excluding exemplary damages.

"Despite the fact that studies on the dangers of pathological gaming and its treatments were known, the defendant didn't consider its obligation to warn users of the dangers of dependence," the statement of claim reads.

Brochu maintains that when the machines were introduced, they were equipped with misleading warnings about the dangers of addiction.

"In using the message 'In moderation a game remains a game,' the defendant puts the responsibility of pathological gambling on the user," the lawsuit states.

Loto-Quebec counters that it has better tailored its messages over time and increasingly invests in resources for problem gamblers.

A court decision last year forced the gaming commission to release documents about gambling-related suicides at Quebec casinos.

The documents, which Loto-Quebec fought hard to keep secret, provided a grim look at what has become an important revenue stream for the government.

It'll be interesting to see where this goes. If the gambling commission really is found liable, many governments will have to pay through the nose. Gambling has become pretty widespread across the continent ... will this lawsuit change that, if it succeeds?

I am not too familiar with the operations of the Canadian court system, but in the United States, these types of mass exposure class actions often follow a similar course: the defendants will file a motion to dismiss to try to get the case thrown out for failing to state a viable claim.  If they lose there, discovery will commence and at the close of that the defendants will try to get the case thrown out at the summary judgment stage. 

If they lose there, the defendants almost routinely settle (even if there is a 99% chance they will win) because that 1% risk of having a cataclysmic loss is too much than they can bear.  The fact that this is a government agency would probably alter the analysis some, of course.

As I understand it, the attempts to have it thrown out failed so it's going to trial. It was originally filed in 2001.


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#10 2008-08-18 2:03 pm

user
Your plastic pal who's fun to be with
From: I'm not getting you down, am I
Registered: 2001-10-15
Posts: 14576

Re: Class-action lawsuit may cost gambling authority dearly

Guess they should have left their socks on.


Aw, he's no fun, he fell right over.

Unless you become as little children, there's no way you will believe this crap.

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#11 2008-08-18 2:23 pm

KHannon
Fightin' Legal Irish
From: Notre Dame Law School
Registered: 2000-05-14
Posts: 2838

Re: Class-action lawsuit may cost gambling authority dearly

ShnickyShnack wrote:

KHannon wrote:

ShnickyShnack wrote:

Quebec gambling addicts file class-action lawsuit against province's gambling commission

A class-action lawsuit brought by a group of pathological gamblers is seeking compensation from Loto-Quebec for their addiction treatments.

With the plaintiffs claiming around 119,000 gamblers can trace their addictions to VLTs, a judgment could cost Loto-Quebec upwards of $500 million, excluding exemplary damages.

"Despite the fact that studies on the dangers of pathological gaming and its treatments were known, the defendant didn't consider its obligation to warn users of the dangers of dependence," the statement of claim reads.

Brochu maintains that when the machines were introduced, they were equipped with misleading warnings about the dangers of addiction.

"In using the message 'In moderation a game remains a game,' the defendant puts the responsibility of pathological gambling on the user," the lawsuit states.

Loto-Quebec counters that it has better tailored its messages over time and increasingly invests in resources for problem gamblers.

It'll be interesting to see where this goes. If the gambling commission really is found liable, many governments will have to pay through the nose. Gambling has become pretty widespread across the continent ... will this lawsuit change that, if it succeeds?

I am not too familiar with the operations of the Canadian court system, but in the United States, these types of mass exposure class actions often follow a similar course: the defendants will file a motion to dismiss to try to get the case thrown out for failing to state a viable claim.  If they lose there, discovery will commence and at the close of that the defendants will try to get the case thrown out at the summary judgment stage. 

If they lose there, the defendants almost routinely settle (even if there is a 99% chance they will win) because that 1% risk of having a cataclysmic loss is too much than they can bear.  The fact that this is a government agency would probably alter the analysis some, of course.

As I understand it, the attempts to have it thrown out failed so it's going to trial. It was originally filed in 2001.

I'll bet dollars to donuts it settles before the start of the trial.

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#12 2008-08-18 2:28 pm

ShnickyShnack
Commander of Insurgent Cell "Dreamboat"
From: Amidst a superiority complex
Registered: 2001-05-25
Posts: 40380

Re: Class-action lawsuit may cost gambling authority dearly

Donuts? Where?!?!?!


"Those of us who have looked to the self-interest of lending institutions to protect shareholders’ equity, myself especially, are in a state of shocked disbelief." -- Alan Greenspan

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#13 2008-08-18 2:34 pm

bratboy
attorney-at-law
Royal Wombat
From: Austin, Texas
Registered: 2003-01-19
Posts: 30572

Re: Class-action lawsuit may cost gambling authority dearly

It would be more exciting if the gaming industry just bought the jury.

http://i24.photobucket.com/albums/c19/trouble747/runaway_jury_poster-738849.jpg


"One thing we've learned is there's a difference between being disappointed and having madmen in authority."

                                                                   --Paul Krugman

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#14 2008-08-18 3:06 pm

JakeTheTall
Cargo Cultist
From: In Permanent Opposition
Registered: 2003-03-13
Posts: 7896

Re: Class-action lawsuit may cost gambling authority dearly

KHannon wrote:

I'll bet dollars to donuts it settles before the start of the trial.

I bet you weren't the only one thinking of that joke.


“I don’t see (subprime mortgage market troubles) imposing a serious problem. I think it’s going to be largely contained”  -- U.S. Treasury Secretary Henry Paulson, April 2007

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#15 2008-08-18 5:53 pm

Pariah
slicker than a weasel Grimy as an alley
From: The Belly Of The Beast
Registered: 2001-05-24
Posts: 16477
Website

Re: Class-action lawsuit may cost gambling authority dearly

That's the trouble with making things like gambling addiction diseases. Addictions of any type are serious problems but I dont think they ought to be considered a disease the way they have come to be.


I’m not ready to make nice-I’m not ready to back down-I’m still mad as hell and
I don’t have time to go round and round and round-It’s too late to make it right
I probably wouldn’t if I could-‘Cause I’m mad as hell-Can’t bring myself to do what it is you think I should

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#16 2008-08-18 6:33 pm

Jdude
Surfing on waterboarders
From: Home is where the war is
Registered: 2003-02-03
Posts: 2169

Re: Class-action lawsuit may cost gambling authority dearly

Who wants to join my class action suit against playboy?


The problem I have with discussing freedom is that people have been conditioned to expect "of me to tell you what to do" to follow it... inevitably they notice I don't ever get to that part, and they feel like I am trying to trick them.
Sometimes before replying to a topic, I think to myself: I am just so original!

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#17 2008-08-18 6:43 pm

Chickenhawk
Friends don't let friends hunt drunk
From: The bad air state
Registered: 2005-06-01
Posts: 4897

Re: Class-action lawsuit may cost gambling authority dearly

Made me go blind, they did!

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#18 2008-08-18 6:49 pm

sturner
Royal High Poobah
Moderator
From: Carrollton, TX USA
Registered: 2000-01-31
Posts: 9914

Re: Class-action lawsuit may cost gambling authority dearly

And the hairy palms!!!!!


"There were places in the world commemorating those times when wizards hadn't been quite as clever [as to refrain from doing magic when you knew how easy it was], and on many of them the grass would never grow again."  Terry Prachett

There are 3 types of people, those who can count and those who can't.

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#19 2008-08-18 8:33 pm

Metacell
lower class snob
From: The space between the spaces
Registered: 2005-03-19
Posts: 4845
Website

Re: Class-action lawsuit may cost gambling authority dearly

I never thought it was a secret that the entire purpose of the gambling industry was to make a profit by exploiting human weakness.  I mean, its kind of a no-brainer.

I mean, If people weren't allowed to do anything to screw each other over, we would have complete anarchy!


...having nothing in them of the feelings or principles of '76, now look to a single and splendid government of an aristocracy, founded on banking institutions and moneyed incorporations under the guise and cloak of their favored branches of manufactures, commerce and navigation, riding and ruling over the plundered ploughman and beggared yeomanry. -- TJ

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#20 2008-08-19 3:02 am

Some1
The flying moleman.
From: Montral
Registered: 2003-05-17
Posts: 2370

Re: Class-action lawsuit may cost gambling authority dearly

ShnickyShnack wrote:

Quebec gambling addicts file class-action lawsuit against province's gambling commission

A class-action lawsuit brought by a group of pathological gamblers is seeking compensation from Loto-Quebec for their addiction treatments.

With the plaintiffs claiming around 119,000 gamblers can trace their addictions to VLTs, a judgment could cost Loto-Quebec upwards of $500 million, excluding exemplary damages.

"Despite the fact that studies on the dangers of pathological gaming and its treatments were known, the defendant didn't consider its obligation to warn users of the dangers of dependence," the statement of claim reads.

Brochu maintains that when the machines were introduced, they were equipped with misleading warnings about the dangers of addiction.

"In using the message 'In moderation a game remains a game,' the defendant puts the responsibility of pathological gambling on the user," the lawsuit states.

Loto-Quebec counters that it has better tailored its messages over time and increasingly invests in resources for problem gamblers.

A court decision last year forced the gaming commission to release documents about gambling-related suicides at Quebec casinos.

The documents, which Loto-Quebec fought hard to keep secret, provided a grim look at what has become an important revenue stream for the government.

It'll be interesting to see where this goes. If the gambling commission really is found liable, many governments will have to pay through the nose. Gambling has become pretty widespread across the continent ... will this lawsuit change that, if it succeeds?

Not sure if you remember the story about how some VLTs made by a certain manufacturer would flash "JACKPOT" subliminal message style at gamers.

Either way, I think VLTs have to go, they're placed in the poorest areas, and are nothing but a way of getting people to give more money to the government even if they can't afford it.

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