[1] The California Supreme Court said: The principle is currently the basis for numerous litigation cases around the United States as it relates to poker.
In states that use the Dominant Factor Test, a bowling alley, golf course, or bar could hold a tournament where they collect an entry fee and award a prize without violating anti-gambling laws.
In evaluating writing the opinion in Pennsylvania v Dent, the judge wrote, "The compelling case that Texas Hold'em is much more a game of skill is found in many diverse source.
[4] Sean McCulloch, an associate professor of Mathematics and Computer Science at Ohio Wesleyan University, conducted a study on over 103 million hands played on PokerStars.
The Nevada judge who heard the case ruled in favor of Baxter, declaring "I find the government's argument to be ludicrous.
"[11] In writing his opinion, Justice Thomas James, Jr. cited a law review article whose authors wrote, "If you ask who are the top five poker players in the world, you will receive a meaningful response because skill is a determining factor.
As gambling generally involves three elements: Prize, consideration and chance, the defense placed a great deal of testimony that poker was a game of skill.
"[2] The judge, however found the defendants guilty because the defense failed to show that South Carolina's legislative or judicial system accepted the Dominant Factor Test as normative in the state.
"[2] The South Carolina Supreme Court, however, reversed this decision in 2012, holding that "[w]hether an activity is gaming/gambling is not dependent upon the relative roles of chance and skill, but whether there is money or something of value wagered on the game's outcome.
First, they argued that each of the players had a "bona fide social relationship because only an existing member could introduce people he knew to join the league", thus qualified for an exception under Colorado law.
Their expert witness, University of Denver's Robert Hannum, provided a study wherein 97% of the time a skilled player beat a computer simulation that played randomly.
The state of Colorado has declared that they intend to appeal the judges permitting Hannum's testimony that poker is a game of skill.
https://egr.global/intel/opinion/opinion_the_meaning_of_united_states_v-_dicristina/ In his opinion, Judge James cited another legal expert who concluded, "If the federal courts proceed to classify poker as a skill game, then the Safe Port Act would not apply.