Runner-Up In Bachelor Contestant's Disputed Daily Fantasy Sports Victory Hires Legal CounselAny Legal Battle Will Likely Take Place In Arbitration, According To Analyst |
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The player who finished second in the controversial DraftKings victory by former Bachelor contestant Jade Roper Tolbert hired legal counsel to dispute the Roper Tolbert’s victory, according to Michael McCann, legal analyst for Sports Illustrated.
McCann tweeted Wednesday morning that “spckl36” has retained the services of Alan Milstein, who has argued on behalf of Carmelo Anthony, Allen Iverson, Maurice Clarett and other famous athletes.
And so it begins: the runner-up in disputed DraftKings "Millionaire Maker" contest, spclk36, has retained prominent attorney @amilst44. Milstein has litigated on behalf of Allen Iverson, Carmelo Anthony, Maurice Clarett & others. More on collusion dispute: https://t.co/1aV807Uo2E pic.twitter.com/FmYRMU5Sh2
— Michael McCann (@McCannSportsLaw) January 8, 2020
Roper Tolbert won $1 million on Sunday when one of her 150 entries, the maximum allowed under the rules, took down the “Millionaire Maker” challenge over the weekend. The second-place finisher earned $100,000.
Her victory came amidst collusion allegations from many in the daily fantasy sports community when it was found that her husband, Tanner Tolbert, also entered 150 entries with almost no overlaps between the combined 300 rosters. With each entry costing $25, the couple spent $7,500 in entry fees.
Of the 300 lineups, 298 of them were completely unique. Tolbert’s lineups consisted of quarterbacks that were mostly in action on Saturday, while his wife and eventual winner rostered mostly quarterbacks that on the field on Sunday.
The runner-up’s argument is simple. He was cheated out of $900,000 because the two colluded to give themselves a higher probability of taking down the seven-figure score. Collusion like this goes against the terms and conditions of the site.
DraftKings released a statement in the days following the win claiming that the Boston-based company would investigate allegations. The company has a policy of not awarding the prize money until investigations have concluded.
Despite acquiring legal counsel, McCann is reporting that there is little chance that this would go to trial.
In its terms and conditions, DraftKings requires players to accept arbitration to resolve any legal disputes. If this situation escalates, it would first go to arbitration in Suffolk County, Mass.
The company also has the authority to force a player to submit an affidavit to attest that the person has complied with its rules for the contest. Lying in an affidavit is subject to criminal perjury charges.
The arbitration clause coupled with DraftKings’ plan to take the company public later in 2020 makes it unlikely the case will go past arbitration and a settlement.
Litigation would force the company to share private records and force executives to answer questions under oath, which could draw scrutiny from government officials who are skeptical of the expanding sports betting landscape. That process could put a dent in the current $3.3 billion valuation executives have on the company.
The arbitration process, on the other hand, would keep all information pertaining to the case and the company completely confidential.
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