Michael Mizrachi Is Off the Hook
The months following the WSOP 2010, Michael Mizrachi enjoyed considerable success. Nonetheless, he was also constantly in hot water because of the issues he faced with Deliverance Poker. But it seems as if Mizrachi’s lucky stars are still smiling down upon him as the lawsuit filed against him has just been dismissed by the court.
Judge James Nowlin of the United States District Court has just decided last week to dismiss all of the claims made by Deliverance against both Mizrachi and Titlware LLC, the company behind Full Tilt Poker. But before you cry ‘Conspiracy!’, read Judge Nowlin’s statements first.
There were two main points that were central to the case. First, had the contract between Mizrachi and Deliverance actually come into effect? Second, whether Judge Nowlin could actually lawfully hear the case.
The first issue was of utmost importance. Had the contract really come into place? Judge Nowlin does not think so. First and foremost, Deliverance Poker is a company that exists mostly in paper. The venture has not fully taken off yet, since Benavides still needed more money in order to actually get started on his company. To do that, he needed a representative, and that representative was Michael “The Grinder” Mizrachi.
Thus, the contract was formed. However, by the time that Mizrachi reached the final table at the WSOP, he got a huge offer from Full Tilt (more than just a simple poker bonus). Mizrachi then informed Deliverance that he would become a Full Tilt Pro instead.
What saved Mizrachi from committing a breach of contract was the fact that the contract itself was not enforceable by law mainly because there was a clause in it saying that if proper capital to actually build Deliverance Poker had not yet been gained by August 2009, then the contract would be terminated.
The next issue mainly centered on the citizenship of Tilware and how it had not yet been fully determined. If Tiltware is not under legal jurisdiction in Texas, Deliverance cannot file a lawsuit against it.
Hope for Deliverance
Of course, Deliverance Poker is still welcome to file another case if they find new evidence, as Judge Nowlin dismissed the case without prejudice. It’s unlikely, however, that this will be the case, because Deliverance Poker itself is pretty much dead. Without a face to represent it and only a nasty lawsuit bringing it to the limelight, it’s highly unlikely that this site will still continue to operate.