Monday, March 23, 2009
Crazy Crap / Kotz / Law and Order Stop Me Before I Gamble Again: A Lesson in Specious Litigation
Posted by Pete Kotz on Mon, Mar 23, 2009 at 2:30 PM
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Jenny Kephart of Nashville appears to have a jones for the gaming tables. By the time she'd arrived at a Caesars in Indiana in 2006, she'd already gone through one stint in bankruptcy court. But now she was flush again, courtesy of a $1 million inheritance, and the casino treated as the whale she was, comping her stay with the usual enticements accorded to those who play big. 
That's when she lost $125,000. In one night.
But instead of paying up, Kephart lawyered up, charging the casino with not recognizing her as an addict and watching out for her best interests. In the realm of litigation, it was like suing the career embezzler for not rejecting your request to oversee your trust fund.
Naturally, Kephart lost. As an Indiana appeals court ruled, "It is extremely unlikely that she would have brought suit had she won her wagers."
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