Marle Cordeiro's Nevada-Based Lawsuit Against Mike Postle Dismissed By JudgeU.S. District Judge Tossed The Case Because Of Jurisdiction Concerns |
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Poker pro and vlogger Marle Cordeiro’s lawsuit against Mike Postle and the cheating allegations surrounding Postle and his play on the Stones Gambling Hall livestreamed poker game, has been dismissed by a U.S. District Judge in Nevada.
Cordeiro filed a separate suit against Postle in Nevada, which was nearly identical to the one with 88 plaintiffs filed in California, last April. She was also represented by veteran gaming attorney Mac VerStandig, who is heading the lawsuit in California.
In an August 14 filing, Judge James C. Mahan ruled that since the alleged cheating took place in California, the Nevada court system was not the place for the case to be adjudicated.
Cordeiro originally argued that since the games were broadcast in her home state of Nevada, and worldwide by the sheer nature of internet livestreams, Postle was subject to Silver State jurisdiction.
“In other words, plaintiff argues that although the alleged cheating occurred in California, defendant should be subject to Nevada jurisdiction because a third party (Stones Gambling Hall) broadcast the alleged misconduct to Nevada, where she watched the games,” wrote Mahan. “This argument fails to consider that the defendant was a participant of the broadcast games – not the broadcaster – thus, defendant did not “expressly aim” his alleged poker misconduct at the state of Nevada.”
Mahan also stated that the “plaintiff’s argument fails the Calder test,” which prevents the case from being tried in Nevada.
The test, which stems from the 1984 Supreme Court decision in Calder vs. Jones, is a three-part test that decides whether a case can be tried outside of the jurisdiction that the action took place. The test requires an intentional action, that was expressly aimed at the forum state, with knowledge that the brunt of the injury would be felt in the forum state.
If the court finds that all three of those stipulations are met, then the defendant may be tried in the personal jurisdiction of the plaintiff.
The legal battle between Postle and his accusers is still ongoing in California, but it is likely a settlement was reached, based on the most recent filings in the case.