BetMGM appeals pre-trial to a higher court in an alleged fraud and breach of contract case.

In a New Jersey court action in which a BetMGM customer claims the firm permitted a VIP to enter a promotional contest late and without informing other players, BetMGM has effectively jumped the gun by submitting a brief with a higher court prior to a jury trial.

Arguing that a decision by a superior court judge is so out of the ordinary that it “calls into question how a casino and almost every other New Jersey business with an internet presence interacts with consumers,” BetMGM filed a “Motion to Leave to File Interlocutory Appeal,” which is essentially a brief requesting the right to appeal.

Murk vs. BetMGM et al. is scheduled for trial in New Jersey’s Superior Court, Atlantic County, on January 26.

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Larry Murk filed a lawsuit in 2022. BetMGM claims Murk agreed to the contest’s terms and conditions, which include a clause stating that it can “suspend, modify, remove, or add any Gaming Service” to any offer for any reason at any time. BetMGM claims that Murk agreed to these terms and conditions before entering the competition. However, Murk claims he never signed the contest terms and conditions because they were not available.

Judge Danielle Walcoff of the New Jersey Superior Court refused to dismiss the case in October. In their brief submitted to the appellate court in late November, BetMGM’s attorneys questioned two aspects of Walcoff’s ruling. They stated that she “manufactured a disputed fact as to whether Plaintiff accepted the NJ Party Casino [a BetMGM product] terms and conditions,” and questioned her interpretation of “ascertainable loss.”

In response, Murk’s attorney, John Donnelly of Donnelly Law LLC, said that BetMGM failed to “meet any of the standards governing their request for extraordinary relief” and failed to establish “the possibility of some grave damage or injustice” in the brief.

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