AMAYA GROUP LLC SOFTWARE
On November 2, 2011, the Commonwealth filed a third amended complaint adding, among others, PYR Software Ltd. Thereafter, the Commonwealth filed a number of amended complaints, each of which added various online poker playing forums and casinos, as well as some individuals, as party defendants. If the loser or his creditor does not, within six (6) months after its payment or delivery to the winner, sue for the money or thing lost, and prosecute the suit to recovery with due diligence, any other person may sue the winner, and recover treble the value of the money or thing lost, if suit is brought within five (5) years from the delivery or payment. 2- If any person loses to another at one (1) time, or within twenty-four (24) hours, five dollars ($5) or more, or anything of that value, and pays, transfers, or delivers it, the loser or any of his creditors may recover it, or its value, from the winner, or any transferee of the winner, having notice of the consideration, by action brought within five (5) years after the payment, transfer or delivery. The provisions of the LRA relied on by the Commonwealth state as follows: 2 Kentucky Revised Statutes (“KRS”) 372.005-050. and “Unknown Defendants” seeking recovery for the Commonwealth under the LRA. In March of 2010, the Commonwealth filed a complaint against Pocket Kings, Ltd. Accordingly, we recite only the facts and procedural history relevant to the parties to this appeal. BACKGROUND The procedural history of this case is long and somewhat complicated. Following review of the record, applicable law, and oral arguments, we REVERSE and REMAND for the reasons more fully explained below. John Tilley, Secretary, Justice and Public Safety Cabinet (“the Commonwealth”), initiated the underlying action in Franklin Circuit Court against numerous entities seeking to recover treble damages under Kentucky’s Loss Recovery Act (the “LRA”).2 After extensive motion practice and a multitude of discovery issues, the Franklin Circuit Court entered an order finding Appellants, Stars Interactive Holdings (IOM) Limited f/k/a Amaya Group Holdings (IOM) Limited (“Amaya”) and Rational Entertainment Enterprises Limited (“REEL”), liable to the Commonwealth in the amount of $870,690,233.82. JONES, JUDGE: Appellee, the Commonwealth of Kentucky ex rel. Release of the opinion was delayed by administrative handling. Johnson dissented in part and concurred in part in this opinion prior to the expiration of his term of office. JOHN TILLEY, SECRETARY, JUSTICE AND PUBLIC SAFETY CABINET APPELLEE OPINION REVERSING AND REMANDING ** ** ** ** ** BEFORE: ACREE, JOHNSON,1 AND JONES, JUDGES. 10-CI-00505 COMMONWEALTH OF KENTUCKY EX REL. APPELLANTS APPEAL FROM FRANKLIN CIRCUIT COURT HONORABLE THOMAS D. AND RATIONAL ENTERTAINMENT ENTERPRISES LTD. 2016-CA-000221-MR STARS INTERACTIVE HOLDINGS (IOM) LTD., F/K/A AMAYA GROUP HOLDINGS (IOM) LTD. TO BE PUBLISHED Commonwealth of Kentucky Court of Appeals NO.
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