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Refer to Note 14, Contingencies, to our condensed consolidated financial statements, for further information.
−Removed: Kater Class Action Suit
+Added: Kater and Thimmegowda Class Action Suits
On April 17, 2015, the Cheryl Kater v.
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Court of Appeals for the Ninth Circuit reversed and remanded the Washington District Court’s dismissal of the complaint on March 28, 2018.
−Removed: The complaint was amended on March 20, 2019, to add Big Fish Games as a party and to assert claims on behalf of an additional plaintiff, Suzie Kelly.
−Removed: On May 22, 2020, the parties entered into an agreement in principle to settle the Kater litigation and the Thimmegowda litigation (as defined below).
+Added: On February 11, 2019, the Manasa Thimmegowda v.
+Added: Big Fish Games, Inc.
+Added: class action lawsuit (the "Thimmegowda Litigation") was filed in the Washington District Court alleging, among other claims, that “Big Fish Casino,” which is operated by Big Fish Games, violated Washington law, including the Washington Consumer Protection Act, and seeking, among other things, return of monies lost, reasonable attorney’s fees, injunctive relief, and treble and punitive damages.
+Added: On May 22, 2020, the parties entered into an agreement in principle to settle the Kater Litigation and the Thimmegowda Litigation.
Under the terms of the settlement, which has been approved by the court:
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and (iii) Aristocrat has agreed to specifically release the Company of any and all indemnification obligations under the Stock Purchase Agreement arising from or related to the Kater Litigation and Thimmegowda Litigation, including any claims of diminution of value of Big Fish Games and any claims by any person who opts out of the proposed class settlement.
−Removed: On August 31, 2020, the Washington District Court granted the parties' motion for preliminary approval.
On December 14, 2020, plaintiffs filed a motion for final approval of class action settlement agreement.
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The Company’s settlement contribution was made on March 25, 2021.
−Removed: Thimmegowda Class Action Suit
−Removed: On February 11, 2019, the Manasa Thimmegowda v.
−Removed: Big Fish Games, Inc.
−Removed: class action lawsuit (the "Thimmegowda Litigation") was filed in the Washington District Court alleging, among other claims, that “Big Fish Casino,” which is operated by Big Fish Games, violated Washington law, including the Washington Consumer Protection Act, and seeking, among other things, return of monies lost, reasonable attorney’s fees, injunctive relief, and treble and punitive damages.
−Removed: On May 22, 2020, the parties entered into an agreement in principle to settle the Kater and Thimmegowda Litigations.
−Removed: The agreement in principle with respect to the Thimmegowda Litigation is described above, under the "Kater Class Action Suit." On August 31, 2020, the Washington District Court granted the parties' motion for preliminary approval.
−Removed: On December 14, 2020, plaintiffs filed a motion for final approval of class action settlement agreement.
−Removed: The Washington District Court entered an order granting final approval of class action settlement on February 11, 2021.
−Removed: The Company’s settlement contribution was made on March 25, 2021.
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED MARCH 31, 2021
The Kentucky Horse Racing Commission, et al.
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On October 24, 2018, the Court ruled that the HRMs in question (Encore/Exacta) are a pari-mutuel system of wagering legally permitted under Kentucky law.
−Removed: In November 2018, the Family Foundation filed a notice of appeal and subsequently filed a motion to transfer the appeal directly to the Kentucky Supreme Court, which was granted in June 2019.
+Added: In November 2018, the Family Foundation filed a notice of appeal and subsequently filed a
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2021
+Added: motion to transfer the appeal directly to the Kentucky Supreme Court, which was granted in June 2019.
On September 24, 2020, the Kentucky Supreme Court issued an opinion reversing the Court’s opinion.
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27:438, and to pay the plaintiff class such sums as it finds to reasonably represent the value of the sums due to the plaintiff class.
−Removed: On August 14, 2014, the plaintiffs filed an amendment to their petition naming the Horsemen’s Benevolent and
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED MARCH 31, 2021
−Removed: Protective Association 1993, Inc.
+Added: On August 14, 2014, the plaintiffs filed an amendment to their petition naming the Horsemen’s Benevolent and Protective Association 1993, Inc.
("HBPA") as an additional defendant and alleging that HBPA is also liable to plaintiffs for the disputed purse funds.
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Thereafter, the parties resumed informal settlement discussions, and, as a result, the Company established an accrual for an immaterial amount in the third quarter of 2019.
−Removed: The parties submitted a settlement agreement to the District Court on February 14, 2020, following the Louisiana Racing Commission’s approval to transfer the matter to the District Court for approval and administration of the settlement agreement on February 12, 2020.
+Added: The parties submitted a settlement agreement to the District Court on February 14, 2020, following the
+Added: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED JUNE 30, 2021
+Added: Louisiana Racing Commission’s approval to transfer the matter to the District Court for approval and administration of the settlement agreement on February 12, 2020.
At a hearing on February 18, 2020, the District Court granted preliminary approval of the settlement agreement and set certain deadlines relating to actions to be taken by class members.
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That appeal has been consolidated with the earlier-filed appeal of the February 2020 order appointing class counsel and certifying a class for settlement purposes.
+Added: Anthony Mattera v.
+Added: Baffert, Bob Baffert Racing, Inc.
+Added: and Churchill Downs Incorporated
+Added: On May 14, 2021, plaintiff Anthony Mattera filed a class action complaint in the Jefferson County Circuit Court in Louisville, Kentucky against defendants Robert A.
+Added: Baffert, Bob Baffert Racing, Inc., and Churchill Downs Incorporated regarding the entry of Medina Spirit into the 147th running of the Kentucky Derby, along with the potential disqualification of Medina Spirit as the winner of Kentucky Derby 147.
+Added: Plaintiff’s claims against the Company include negligence, a violation of the Consumer Protection Act, and unjust enrichment, along with a claim for injunctive relief.
+Added: The Company removed the case to the U.S.
+Added: District Court for the Western District of Kentucky on May 21, 2021 and filed a motion to dismiss on July 7, 2021.
+Added: The Company intends to defend this matter vigorously and believes that there are meritorious legal and factual defenses against the plaintiff’s allegations and requests for relief, including his class allegations.
There have been no material changes with respect to our risk factors disclosed in Part I, Item 1A of our Annual Report on Form 10-K for the year ended December 31, 2020.
−Removed: FORM 10-Q FOR THE QUARTERLY PERIOD ENDED MARCH 31, 2021
Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.