According to the Chattanooga Free Press writer Todd South, the attorney for a Tennessee pool hall requested the dismissal of a lawsuit facing the business earlier this week regarding a canceled poker event, claiming that the attorney representing the players was one of players in the said tournament which would present a “conflict of interest.”
In July, Poker News Daily detailed the actions of about 70 Tennessee poker players against the Chattanooga Billiard Club and its owner, Phil Windham. Windham allegedly had presented free poker tournaments for his patrons, who would win gift certificates for their play and earn points towards monthly and annual championship tournaments. The tournaments took place for approximately two years and were heavily promoted by the establishment during that time.
Each tournament would draw anywhere from 70 to 100 players and the club would put into a pool $1 for each player in the weekly events. This pool would be divided among the winners in other weekly, monthly and annual tournaments. Things began to go awry earlier this year, however, when this year’s annual event was expected to roll around.
When questioned about when the 2012 annual tournament would take place, Windham allegedly stated to the unpaid tournament director in June of this year, “This is the last week of poker. I am not going to put out any more money for poker. It is my money and I am going to keep it and there will be no annual tournament.”
After this revelation, a class action lawsuit was filed by attorney Hoyt Samples for an array of charges. The eight counts against Windham and the Chattanooga Billiard Club ranged from violations of the Consumer Protection Act, fraud, breach of contract and conspiracy (among others). In the lawsuit, Samples requested that the players receive triple their damages (as per a violation of the Consumer Protection Act) as well as $50,000 in punitive damages, payment of attorney’s fees and reimbursement for discretionary costs.
This week, the attorney for the Chattanooga Billiard Club fired back with his own court action. In a motion filed by attorney Jerrold Farinash, not only was Samples requested to be dismissed from the case but also the entirety of the suit to be thrown out of court. Farinash stated in the motion that Samples participated in the tournaments, causing a “conflict of interest” for him to represent the plaintiffs. Additionally, Farinash contended that the case does not fall under the Tennessee Consumer Protection Act laws. Finally, in requesting the dismissal, Farinash pointed out that class action cases are not allowed under that same CPA law.
Although the motion was accepted by the court, it could be some time before this case actually heads to the courtroom. According to South, the motion by Farinash was expected to be heard this week but was continued to allow both sides to have more time to fully prepare their cases. The next hearing on the dispute is scheduled for November 12 in the court of Chancellor Jeffrey Atherton. South also attempted to contact Samples to get his views on Farinash’s motion, but Samples did not respond to South’s attempts.
Since the “poker boom” of the early 2000s, the free bar poker scene is one that has exploded in American pubs. Several organizations, including World Tavern Poker, Bar Poker Pros, All In Free Poker, Deep Stack Poker Club and Bar Poker (among others), have set up huge leagues that can sometimes have thousands of players competing in them under a similar format that the Chattanooga club had established. These clubs have been not only popular with players but also have stood the “test of time” in maintaining excellent player relations.
In the Chattanooga case, it appears that its “bar poker” wasn’t a part of one of the mainstays in the industry but something that the owner set up on his own, which could potentially play into the court actions.
