Commonwealth ex rel. Brown v. Stars Interactive Holdings Ltd.Annotate this Case
The Supreme Court reversed the ruling of the court of appeals that the term "person" in Kentucky's Loss Recovery Act, Ky. Rev. Stat. Chapter 372, is limited to a natural person, holding that the Commonwealth had standing to bring this suit.
The Commonwealth, through the Secretary of the Justice and Public Safety Cabinet, filed the underlying complaint seeking to recover under statutory treble damages for money lost by its citizens playing real-money poker on an illegal internet website called PokerStars, which was owned by Defendants (collectively, PokerStars). The court entered partial summary judgment against Defendants based on the actual amount Kentucky players lost on PokerStars' websites. The court of appeals reversed, holding that the Commonwealth lacked standing because it did not qualify as "any other person" under the Act. The Supreme Court reversed, holding (1) the Commonwealth qualified as a "person" under the Act; (2) the Commonwealth had standing to bring this lawsuit; and (3) the manner in which the trial court calculated damages in this case was proper.