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. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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