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Old 11-15-2007, 01:05 AM
PoorLawyer PoorLawyer is offline
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Join Date: Jul 2004
Location: Washington, DC
Posts: 2,270
Default Re: Fulltilt froze my account with 47 grand in it

[ QUOTE ]
Again with ad hominen arguments - my status is irrelevant to the discussion. I never indicated whether I had any legal training or experience. But, counsel, your attempt to change the argument is pretty transparent.

One claim in your post I took issue was for criticizing someone who said there were no successful cases of individuals suing in U.S. courts to recover for seized funds. I asked you to back up your criticism, and provide proof he was wrong. You sidestepped that question, and have not provided one example of successful litigation. I'd say the brain trust on 2p2 is pretty vast - if there were any cases in support of your position, someone here would likely know about it.

I also took issue with your claim that U.S. courts could successfully exercise long-arm jurisdiction against a foreign corporation, particularly when the EULA has a choice of forum provision in it. Again, instead of addressing that issue (i.e. backing up your assertion that U.S. courts provided a meaningful remedy), you redefined the issue by suggesting other ways people could go after FTP, such as complaining to a foreign gaming commission.

While foreign commissions may provide a remedy, that begs the question of whether U.S. courts can do so. An intriguing idea, worthy of discussion, but not responsive to specific questions I posed.

I'm on your side - I'd love to have domestic judicial remedies against foreign poker sites, hence I think that regulation may be the only practical solution. But if you claim courts can already do it, I think that you should be prepared to substantiate your arguments w/o requesting a retainer.

Cheers, Carl.

[/ QUOTE ]

I can't say i've read the full tilt contract you agree to before playing there and, as such, did not know there was a choice of forum clause.

Regardless, the original post I responded to was "[a]n attorney would be useless here." This statement by DD had no basis and still does not. It had nothing to do with obtaining a foreign judgment against an international corporation with a forum selection clause. One could certainly argue that the forum clause is an adhesion contract, but that is so off the point of this thread that it is not worth discussing. Either way I talk enough law during the day and am done.
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