![]() Robreno, Senior United States District Judge for the Eastern District of Pennsylvania, sitting by designation. Pechman, Senior District Judge, Presiding Argued and Submitted FebruSeattle, Washington Filed MaBefore: MILAN D. 2:15-cv-00612MJP OPINION Appeal from the United States District Court for the Western District of Washington Marsha J. CHURCHILL DOWNS INCORPORATED, a Kentucky corporation, Defendant-Appellee. The panel held that plaintiff Cheryl Kater stated a cause of action under Recovery of Money Lost at Gambling Act where she alleged that she lost over $1,000 worth of virtual chips while playing Big Fish Casino, and she could recover the value of those lost chips from Churchill Downs, asįOR PUBLICATION UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT CHERYL KATER, individually and on behalf of all others similarly situated, Plaintiff-Appellant, v. Code § ’s definition of a “thing of value.” The panel concluded that Big Fish Casino fell within Washington’s definition of an illegal gambling game. ![]() The panel held that the virtual chips extended the privilege of playing Big Fish Casino, and fell within Wash. Big Fish Casino’s virtual chips have no monetary value and could not be exchanged for cash, but Big Fish Casino did contain a mechanism for transferring chips between users, which could be used to “cash out” winnings. All online or virtual gambling is illegal in Washington. ![]() Court Description: Washington Gambling Law The panel reversed the district court’s dismissal of a purported class action against Churchill Downs alleging violations of Washington’s Recovery of Money Lost at Gambling Act and Consumer Protection Act, and unjust enrichment and held that Churchill Downs’ virtual game platform “Big Fish Casino” constituted illegal gambling under Washington law. ![]()
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