Flutter petitions U.S. Supreme Court to reduce $1.3B Kentucky-PokerStars judgment

justice scales
Haley Hintze
Haley Hintze
Posted on: August 27, 2021 20:03 PDT

Flutter Entertainment, the parent company of PokerStars, has petitioned the U.S. Supreme Court to accept its appeal of a controversial 2015 judgment. the Commonwealth of Kentucky received the judgement in connection with PokerStars' offerings to Kentuckians from 2006 to 2011. The original $870 million settlement has ballooned to more than $1.3 billion with accrued interest.

Flutter announced its intent to dispute the judgement in an earnings report released earlier this month. The company has now filed a writ of certiorari to have the case considered. News of the writ's filing came from veteran gaming attorney Darren Heitner. Heitner obtained and posted Flutter's writ publicly, and it remains otherwise unavailable via online court databases.

The Supreme Court typically takes months to decide which few cases it will accept out of the thousands of attempted appeals it receives each year. Only a small percentage of cases are accepted for appeal. The case involving PokerStars, however, includes unusual points of law that may improve its chances of being accepted.

Kentucky-PokerStars case awarded 'monstrous' damages

Flutter's writ focuses on the excessive damages awarded to the state by a Kentucky Circuit Court judge. The ruling granting Kentucky the $870 billion in damages used an 18th century Kentucky law called the Loss Recovery Act. However, that law hadn’t been invoked in more than 60 years, and it calculated damages based on antiquated social assumptions.