2009-01-08, at 02:41 - by DANIELLE

Clonie Gowen's Lawsuit Against Full Tilt Continues

On January 6th, the attorneys for FullTilt filed a motion for dismissal on several bases in the United States District Court in Las Vegas. Gowen filed a lawsuit in November against Tiltware Inc and its alleged branch companies. Gowen also added all of the "official" members of the full tilt poker pro team to her claim.

In the civil suit, Gowen alleged that she had promises made to her including 1% interest in FullTiltPoker and its branch companies when she was hired and made a member of Team Full Tilt in 2004. She alegedly did not recieve any compensation. Gowen alleges that the other members of Team Full Tilt started receiving payments. When she asked for her share of compensation, she stated that she was denied and "squeezed out" of the company entirely. Gowen filed the suit on 11th November. She is seeking up to $40 million which is approximately 1% of the $4 billion valuation of FullTiltPoker, according to Gowen and her attorneys.

The twelve page motion for dismissal was filed Tuesday in Las Vegas. It asks for the case to be dismissed, for Gowen and her legal team to refine their charges and re-file their case, and/or for the individual players named in the original lawsuit to be dropped from the action.

One of the statements that was made in the introduction of the motion pertains to having the case dismissed against each of the Full Tilt Poker pros: "Ms. Gowen may, or may not, be able to make a claim for breach of an oral contract, but she certainly does not have a shotgun claim for fraud against her thirteen fellow poker pros, or a 'minority oppression,' or breach of fiduciary duty claim against the individual defendants."

As the motion for dismissal continues, the Full Tilt legal team contends that, without a designated form of contract, the case has no merit, but could be re-filed with a more informative pleading. It also stresses the point that, even if a contract was in place, it would be between Gowen and Tiltware alone, and not the Team Full Tilt  players mentioned in the original suit filed.

The Full Tilt legal team contend there wasn't a fiduciary relationship between Clonie and the rest of Team Full Tilt and therefore she is not a victim of fiduciary duty. The "bad faith" clause Gowen argues in her suit, should be dismissed, as there wasn't "grievous or perfidious misconduct," according to the FullTilt legal team. As to the final arguments presented by Gowen in her original suit, the attorneys for Full Tilt allege that she has already argued these points in her earlier accusations and they should be dismissed.


If Gowen can prove her case, she would be entitled to a huge chunk of the profits from TiltWare.


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