[Ruprecht]

Hello.

Although this is a high-profile case, there is nothing groundbreaking-- just simple contract law. Since the judge has given his opinion that the plaintiff is likely to prevail, Mr. Gold will likely be making an offer to the plaintiff before trial begins. (Note that the judge's comments strongly indicate that the alleged contract is indeed legal under Nevada law-- he would not have made such comments if the validity of such a verbal contract was in question).
Also, it is reasonable to believe that all of the key facts have been presented. Mr. Gold has been deposed, and neither clients nor attorneys want to take chances on any trial if they can knock the case out in pretrial hearings and motions.
As for consideration, the judge seems to believe that the plaintiff would not have made efforts to get celebrities without having been offered something in return, and the answering machine tapes correlate the plaintiff's argument, which is that Mr. Gold offered half of his winnings, or thereabouts.
Even if Bodog representatives say it was not necessary to get the celebrities,it may be moot. If Mr. Gold believed it was necessary, or if Mr. Gold believed that there may be FUTURE benefits to himself (maybe a seat in next year's event, for example, or future business with Bodog), then it is reasonable for the court to conclude that the offer to the plaintiff was not a gift.
Also, once the trial court has ruled, it is not an easy matter to get the decision reversed. This would be especially true in this case, which is just plain old contract law. The likelihood of a reversible error would seem small, and again, the reason is that this is simple contract law.
That's why the judge made his comments about who is likely to prevail-- to give Mr. Gold an opportunity to reach a settlement with the plaintiff. I think it is a pretty good bet that such a settlement will be reached. It is also a good bet that the plaintiff will receive an amount in the neighborhood of 2 to 3 million. Mr. Gold's lawyers know what the judge was telling them, and the plaintiff would likely prefer 2 to 3 million in hand, rather than trial. But if Mr. Gold's offer is too small, the plaintiff will take his chances at trial, since he has the odds at least slightly in his favor, given the comments of the judge.
A settlement will be reached.