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. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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