GTECH (International Game Technology) filed its Brief of Appellant today in the Court of Appeals for the Third District of Texas at Austin. In summary, GTECH argues that it merely did what it was told to do by the Texas Lottery Commission. Therefore, GTECH asserts that it is entitled to immunity from liability for fraud under the doctrine of “derivative immunity”. GTECH’s argument does not address the inconvenient fact that it was GTECH that initially chose the misleading language and it was GTECH that independently decided to stick with that language even after the wording became obviously misleading. Moreover, GTECH’s brief does not address the Texas Lottery Commission’s assertion that it was relying on GTECH, as an expert in designing scratch-off games, to choose language that was not misleading.
GTECH Files Appellate Brief in Fun 5’s Lawsuit