FAYETTEVILLE —International Game Technology Corporation and IGT Global Solutions are seeking to have a lawsuit against them dismissed, arguing that the parties are bound by a clause that any litigation will be brought in Nevada — not West Virginia.
The defendants argue that because of the clause, venue is improper anywhere else other than Nevada and dismissal is warranted and proper.
The defendants argue that the plaintiffs cannot demonstrate that enforcing the parties' forum selection clause would be unreasonable and unjust or that the clause is invalid.
"Because the valid and mandatory forum selection clause was reasonably communicated to Plaintiff, freely entered by Plaintiff and covers the parties and claims at issue, this Court should dismiss Plaintiff's claims so that this dispute can be resolved where the parties clearly intended: Nevada," the motion states.
Three J's Inc. filed the lawsuit against International Game Technology and IGT Global Solutions in February, alleging that it used products and services for video lottery gaming from them for several years, according to a complaint filed in Fayette Circuit Court.
Three J's claims the defendants discontinued selling one of its gaming cabinets, known as the Game King cabinet, but it continued to service and support the cabinet.
Three J's then purchased the prodiGi Vu cabinets in 2017 when the West Virginia Lottery increased the number of permits that a permit-holder could have. It purchased two more in
However, the plaintiff claims, eight months later, they were informed that the prodiGi Vu cabinets would no longer be supported as of Dec. 31. They claim without service, the four prodiGi Vu cabinets it purchased are rendered obsolete and they were not offered any discount on the purchase of new cabinets, nor were they offered a refund or credit toward new cabinets.
The plaintiff claims it would not have purchased the cabinets in 2017 and 2019 if it had known they would be rendered obsolete in December.
The plaintiff is seeking compensatory damages with pre- and post-judgment interest. It is represented by Jeffrey V. Mehalic of Mehalic Law in Morgantown.
The defendants are represented by Carte P. Goodwin and Alex J. Zurbuch of Frost Brown Todd in Charleston.
Fayette Circuit Court case number: 21-C-10