Gamble leads to law suit

July 11, 2008
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Jeff Frazer and three of his buddies took a chance at beating the odds and winning at a Hoosier Lottery scratch-off game, Cash Blast. The top prize was $250,000. Believing the odds were in their favor, the four purchased at least $40,000 in tickets at $10 a pop, according to the lawsuit originally filed in January 2007. That’s right, they spent more than $40,000 on scratch off tickets because if they hit the big prize –they say seven were left at the time of their purchases – they would make back their money and make a nice profit.

After they bought the tickets, the Hoosier Lottery said there was only one prize left. Apparently, the lottery hadn’t updated the information quick enough, leading Frazer and friends to believe they had better odds of receiving their blast of cash.

Now, Frazer and another Hoosier, Jeff Koehlinger, have filed a suit that’s turned into a class action. They claim the Hoosier Lottery misrepresented the odds of winning, and according to postings on the Hoosier Lottery’s Web site in early 2007, “Despite the unintentional inaccurate reporting of prizes remaining, the overall odds of winning a prize in Game 743 were not compromised and were always 1:3.29.”

Frazer’s not alone in suing the lottery – other states’ lotteries have also been sued. According to news reports, college professor Scott Hoover filed suit for $85 million in Virginia against the Virginia Lottery for selling scratch off tickets after the top prize had been won to reimburse all the tickets sold over the last five years that had no chance of winning the top prize. In May, a New York woman filed suit against the New York State Lottery because the odds for a scratch-off game were misleading, according to reports.

The lottery has far more losers than winners and that’s why it’s a gamble when you plunk down $1 or $10,000 to try to win the big prize. On the other hand, if all or nearly all of the big prizes have been claimed, the odds have changed and the lottery is selling a ticket under false pretenses. People gamble to win big. Few people will pay $10 for a scratch-off game if they know the top prize is gone, which could be motivation for the lotteries to be slow to update the odds or remove the unsold tickets. Do these plaintiffs have a legitimate shot at winning their cases?

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  1. If a class action suit or other manner of retribution is possible, count me in. I have email and voicemail from the man. He colluded with opposing counsel, I am certain. My case was damaged so severely it nearly lost me everything and I am still paying dearly.

  2. There's probably a lot of blame that can be cast around for Indiana Tech's abysmal bar passage rate this last February. The folks who decided that Indiana, a state with roughly 16,000 to 18,000 attorneys, needs a fifth law school need to question the motives that drove their support of this project. Others, who have been "strong supporters" of the law school, should likewise ask themselves why they believe this institution should be supported. Is it because it fills some real need in the state? Or is it, instead, nothing more than a resume builder for those who teach there part-time? And others who make excuses for the students' poor performance, especially those who offer nothing more than conspiracy theories to back up their claims--who are they helping? What evidence do they have to support their posturing? Ultimately, though, like most everything in life, whether one succeeds or fails is entirely within one's own hands. At least one student from Indiana Tech proved this when he/she took and passed the February bar. A second Indiana Tech student proved this when they took the bar in another state and passed. As for the remaining 9 who took the bar and didn't pass (apparently, one of the students successfully appealed his/her original score), it's now up to them (and nobody else) to ensure that they pass on their second attempt. These folks should feel no shame; many currently successful practicing attorneys failed the bar exam on their first try. These same attorneys picked themselves up, dusted themselves off, and got back to the rigorous study needed to ensure they would pass on their second go 'round. This is what the Indiana Tech students who didn't pass the first time need to do. Of course, none of this answers such questions as whether Indiana Tech should be accredited by the ABA, whether the school should keep its doors open, or, most importantly, whether it should have even opened its doors in the first place. Those who promoted the idea of a fifth law school in Indiana need to do a lot of soul-searching regarding their decisions. These same people should never be allowed, again, to have a say about the future of legal education in this state or anywhere else. Indiana already has four law schools. That's probably one more than it really needs. But it's more than enough.

  3. This man Steve Hubbard goes on any online post or forum he can find and tries to push his company. He said court reporters would be obsolete a few years ago, yet here we are. How does he have time to search out every single post about court reporters and even spy in private court reporting forums if his company is so successful???? Dude, get a life. And back to what this post was about, I agree that some national firms cause a huge problem.

  4. rensselaer imdiana is doing same thing to children from the judge to attorney and dfs staff they need to be investigated as well

  5. Sex offenders are victims twice, once when they are molested as kids, and again when they repeat the behavior, you never see money spent on helping them do you. That's why this circle continues