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Barry Richard

Sides seek more time in $700M Lottery lawsuit

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The Florida Lottery and the House of Representatives are seeking an extension in which to settle a pending lawsuit over a $700 million contract for new equipment, court records show. Lottery outside counsel Barry Richard and House general counsel Adam Tanenbaum asked the 1st District Court of Appeal that they “be permitted to provide another status report to the court by Oct. 31.” Last Thursday was the previous deadline for a status report.

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Court asks why it shouldn’t dismiss ‘pre-reveal’ appeal

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An appellate court was on the verge of rejecting an appeal of a lower court’s decision that entertainment devices known as “pre-reveal” games are in fact illegal slot machines. Dockets at the 1st District Court of Appeal show that Gator Coin II—the Jacksonville company that distributes the games—was ordered to show “why this appeal should not be dismissed” because its filings weren’t in order. An attorney for the company, Bryan E. DeMaggio, responded in a 21-page court filing—including exhibits—that lawyers “inadvertently neglected”…

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Clock ticks toward deadline to resolve Lottery lawsuit

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An Aug. 31 deadline looms for the House of Representatives and Florida Lottery to turn in a “status report” on their efforts to settle a lawsuit over a $700 million contract for new equipment. House spokesman Fred Piccolo on Friday said there had been no resolution, and that “negotiations continue.” Barry Richard, outside counsel for the Lottery, only said the case was still on hold. The 1st District Court of Appeal last month agreed to suspend the case while the sides…

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CFO’s office largely loses fight to get info from insurance companies

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A Tallahassee judge sided with life insurance companies Monday, restricting preliminary information-gathering by the state in defense of a new law requiring insurers to track down beneficiaries. The outside lawyer for the Department of Financial Services, which advocated for the measure, said he plans to appeal the decision that allows only limited discovery.

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Judge files order after ruling ‘pre-reveal’ games are illegal slots

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As expected, a Tallahassee judge has entered a written order following his decision last month that he had gotten it “wrong the first time” and said games known as “pre-reveal” are in fact illegal slot machines. Circuit Judge John Cooper this week filed a “final declaratory judgment,” which allows Gator Coin II—the Jacksonville company that distributes the games—to now appeal to the 1st District Court of Appeal.

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Judge reverses himself, decides ‘pre-reveal’ machines are slots

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In a stunning reversal, a Tallahassee judge on Monday decided he had gotten it “wrong the first time around” and said games known as “pre-reveal” are in fact illegal slot machines.  Circuit Judge John Cooper, however, was quick to say his change of mind was not influenced by the Seminole Tribe of Florida, but rather by further argument on how pre-reveal, or “no chance,” games actually play. The Tribe’s lawyer had said that allowing the machines, which look and play like…

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Lawyers to face off in hearing over ‘pre-reveal’ games

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Lawyers for the Seminole Tribe of Florida and companies behind what are known as “pre-reveal” games—a name they apparently disdain—will appear Monday afternoon in a Tallahassee courtroom. Circuit Judge John Cooper agreed to hear argument on why he should reconsider his previous ruling that the stand-alone consoles aren’t illegal slot machines. The devices in question use a specific software known as “Version 67.” The machines—offered mostly at bars and taverns—look and play like a slot machine, Cooper had reasoned, but don’t fit the legal definition of gambling because the…

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