The legal battles of Miomni Gaming could be soon coming to an end. The sports betting provider, who has had to go to courts against both Entergaming and Delaware North, has now filed a motion to dismiss charges Delaware North have filed against them.
For some history, Miomni were hired by Delaware North to provide sports betting services at two of its West Virginia casinos. They did just that, and things were going fine for several months, until the software appeared to stop working.
Delaware North then cut ties with Miomni and filed a lawsuit against the provider for failing to provide a working product. That’s when things got weird.
Entergaming had helped work on Miomni’s sports betting product, but unbeknownst to Miomni, they had entered kill switches into the code. Miomni suspected that these kill switches were being activated, and sued Entergaming when their deal with Delaware North went south. They won that suit, and got a U.K. judge to force the Cyprus-based third party to reveal where the kill switches were.
That brings us to a July 12 motion to dismiss Delaware North’s charges. CalvinAyre.com has learned that Miomni’s lawyers have asked the Delaware courts to dismiss the charges for three reasons.
The first reason is that Delaware North have failed to show that Miomni actually breached any contract. Miomni’s lawyers argue that the contract was fulfilled, and any additional expectations the operator had would have to be speculated to.
Secondly, they’re claim that Michael Venner, CEO of Miomni, defrauded them can’t be prosecuted in Delaware as he’s never set foot in the state, and the court has no jurisdiction over him. Even if it had jurisdiction, Venner’s alleged fraud of claiming Miomni had full ownership of the platform has been backed up by U.K. courts, so it’s not a great argument.
Finally, Miomni argues that there’s no real case to be made that they committed any fraud. The evidence Delaware Gaming has made is very dependent on evidence from Entergaming, who have already been found to be in the wrong by U.K. courts. It doesn’t prove that Miomni entered the contract in bad faith, or that they ever intended to commit fraud.
Altogether, it makes for a very convincing case for why Miomni should get a ruling in their favor. After all, they delivered a platform that worked for months, and they’ve proven they want to make the platform work well.
