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US – BMM successfully defends motions to dismiss in Illinois

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BMM is pleased to announce that the motions of the Illinois Gaming Board (“Board”) and Gaming Laboratories International (“GLI”) to dismiss BMM’s Complaint were denied on September 12, 2017 by the Cook County Court, Chancery Division.

BMM contends in its Complaint that the Board neglected its duty to properly exercise its judgment in awarding a contract to GLI, and instead allowed Board staff to establish the Requests for Proposals (“RFP”) process, skew the criteria, and score the RFP responses arbitrarily and unfairly – all in a way to favor GLI and guarantee that GLI would secure the contract to the exclusion of all others. The Court previously entered a Temporary Restraining Order prohibiting the Board from entering the exclusive three-year contract with GLI.

Martin Storm, President and CEO of BMM, said: “As Illinois is the only commercial US gaming jurisdiction which has refused to acknowledge the qualifications and expertise of BMM Testlabs, and which has continued to perpetuate the monopoly of GLI as its sole approved Independent Testing lab, BMM looks forward to pursuing its legal remedies. By denying the motions to dismiss, BMM can now proceed to the next phase of the litigation.”

The Court found that “BMM’s 82-paragraph complaint alleges enough facts to give rise to a claim of arbitrary conduct and unfairness in the evaluation of proposals and RFP process – a process designed allegedly to favor GLI and prevent any other bidder from meeting the minimum score.”

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