Big Fish Casino settlement (USD 155M): What Was Paid, Who Was Covered, Status

The Big Fish Casino settlement is a USD 155 million common fund that Judge Robert S. Lasnik finally approved on February 11, 2021, and its claim period closed on January 4, 2021. It resolved Kater v. Churchill Downs and its companion Thimmegowda v. Big Fish Games in the Western District of Washington.

The record treats it as the first social casino settlement in the United States. This page sets out who was covered, what the fund was and what the record shows about payment.

Fund and fee figures from the final approval order of February 11, 2021; the split is from the 8-K exhibit; the remainder is derived.

What this case is about

Kater v. Churchill Downs Incorporated is a class action in the U.S. District Court for the Western District of Washington, docket 2:15-cv-00612, filed on April 17, 2015.

It claimed under RCW 4.24.070 (the Recovery of Money Lost at Gambling Act), RCW 19.86 (the Consumer Protection Act) and unjust enrichment. A complaint states one side's allegations, and only the court's orders decide anything.

What Cheryl Kater alleged and why the case was dismissed in 2015

Cheryl Kater alleged that she lost over USD 1,000 in Big Fish Casino chips, one side's account, and Judge Marsha Pechman dismissed the case on November 19, 2015. The district court held that the chips do not award something of value, so the prize element was missing (2015 WL 9839755).

Kater's case is one of the social casino lawsuits we track.

The Ninth Circuit's 2018 reversal and what it opened

On March 28, 2018 the Ninth Circuit reversed the dismissal and held that Big Fish Casino's virtual chips are a thing of value under RCW 9.46.0285 (886 F.3d 784, No. 16-35010). The court heard argument on February 6, 2018, and it declined to defer to the Gambling Commission's pamphlet.

Our guide explains why virtual chips count as gambling in Washington State, and the full opinion is covered on its own page.

Who is covered

Everyone in the United States who played Big Fish Casino, Jackpot Magic Slots or Epic Diamond Slots on or before preliminary approval was in the settlement class. Preliminary approval came on August 31, 2020 per the settlement notice, a date we did not see in the order itself.

The settlement class and the three games

The class was nationwide, but the claims arose under Washington law. The named plaintiffs were Cheryl Kater and Suzie Kelly in Kater and Manasa Thimmegowda in Thimmegowda, and class counsel were Edelson PC and Tousley Brain Stephens PLLC.

The Washington basis is why the case sits among the Washington gambling lawsuits we list, even though players in every state were in the class.

Who was not covered

Two people opted out and ten were excluded, and players who started after preliminary approval fall outside the class definition. Those twelve exclusions are counted in the final approval order (Dkt. 289, February 11, 2021).

The same order records one objection, which was resolved. The record names no other class members.

Is there a payout?

A payout was set at a USD 155 million common fund, the claim period closed on January 4, 2021 and no claim can be filed now; the court record we read gives no per-claimant amounts or distribution totals.

The payout formula: a common fund with tiered recovery

Common fund = USD 155,000,000 (Churchill Downs USD 124,000,000 + Aristocrat USD 31,000,000 per the 8-K exhibit; the agreement does not allocate)
Less attorney fees awarded = USD 38,750,000 (25%; petition capped at 30%)
Less costs awarded = USD 1,590,690
Less administration and incentive awards = amounts not in the record read
Left for approved claims = at most USD 114,659,310 (derived)
Member share = lifetime chip spend x escalating marginal tier rate x (net fund / sum of approved claims)
  tier rates and the sum of approved claims: not in the record read (open)

Class counsel's fee petition was capped at 30 percent and the court awarded 25 percent, USD 38,750,000, for both cases. The payer split comes from Churchill Downs' 8-K exhibit of May 24, 2020, which says Churchill Downs pays USD 124 million and Aristocrat USD 31 million; the settlement agreement itself does not allocate the fund.

Each member's share depended on lifetime chip spend and escalating marginal tiers, scaled until the net fund was used up. How class action payout per person works turns on fund, fees, claim rate and caps, and attorney fees in gambling class actions have their own guide.

Worked estimate: what is left after fees and costs

After fees and costs, at most USD 114,659,310 was left for approved claims, before administration and incentive awards, whose amounts are not in the record. The figure is derived from the final approval order: USD 155,000,000 minus USD 38,750,000 minus USD 1,590,690.

No per-person estimate can be computed, because the tier rates and the sum of approved claims are not published. The 25 percent fee award matches the Playtika, Huuuge and Zynga awards in the same court, while DoubleDown's was 29.3 percent (USD 121,485,000 of USD 415 million).

Derived from the final approval order; estimated.

What the record shows about payments actually made

The court record we read contains no distribution totals or per-claimant payments, so the only payment dates below come from the agreement and a settlement card, not from the administrator.

Two readings of the timing exist. The agreement as filed with the SEC says payment within 14 days of final approval, while the payout formula in our record reads approved claims payable within 60 days of the Effective Date (Agreement s. 2.1(f)); the two clauses may concern different steps, such as funding and claims payments.

Top Class Actions, a secondary source, lists payments scheduled on or before July 11, 2021; its reader-reported amounts are not administrator figures, so we state none. See how long gambling lawsuits and settlements take from final approval to payment.

Deadlines and how to claim

The claim and exclusion deadline was January 4, 2021 and the final approval hearing February 11, 2021; both have passed. Filing was free, this site is not a law firm and not the administrator, and we never host a claim form.

The claim and exclusion deadline of January 4, 2021 has passed

No claim can be filed now, and the record we read shows no late-claim route. The administrator was Angeion Group, its site BigFishGamesSettlement.com is offline, and the notice address was 1650 Arch Street, Suite 2210, Philadelphia. Lapsed domains are a known risk, so treat any site that now claims to run this settlement with suspicion.

What to do now if you did not claim

If you did not claim, this settlement is over for you; what remains open is a new claim in a different case, not a late claim here. The list of open gambling class action settlements by deadline shows what can still be filed.

Any site asking a fee to "release" a Big Fish payment is not this settlement. Our guide on how to spot fake settlement and claim sites shows the pattern, and mass arbitration sign-up pages in search results are marketing leads, not part of this settlement.

Timeline

The case ran for nearly six years from the complaint on April 17, 2015 to final approval on February 11, 2021.

Preliminary approval of August 31, 2020 is taken from the notice, not from the order.

What the court has decided so far

The court's orders were a dismissal later reversed, the Ninth Circuit's reversal on March 28, 2018, preliminary approval in 2020 and final approval on February 11, 2021 (Dkt. 289).

After the remand, no order decides on the facts whether Big Fish's games were illegal gambling, and final approval is not a finding of liability.

In the same order the court awarded USD 38,750,000 in fees and USD 1,590,690 in costs, recorded two opt-outs and ten exclusions, and noted one objection that was resolved.

Documents and sources

Every date and figure on this page comes from the final approval order, the settlement agreement and the Ninth Circuit opinion, listed here with the copy we read.

• Final approval order, Dkt. 289, February 11, 2021 (third-party copy of the court order)
• Ninth Circuit opinion, No. 16-35010, March 28, 2018 (court, primary)
• Settlement agreement (SEC exhibit, primary)
• Churchill Downs 8-K exhibit, May 24, 2020 (SEC, primary)
• Complaint, April 17, 2015 (third-party copy)
• Docket index and settlement card (secondary, supporting only)

Related cases

These related cases place this settlement in the Washington line.

The companion Thimmegowda case and the Ninth Circuit ruling

Thimmegowda v. Big Fish Games, filed on February 11, 2019 after Aristocrat bought Big Fish Games from Churchill Downs in January 2018, settled from the same fund under the same order.

• Big Fish Games (Thimmegowda) settlement (USD 155M): same fund, one fee award
• Kater Ninth Circuit ruling: 886 F.3d 784

One fee award covers both cases (Kater Dkt. 289, Thimmegowda Dkt. 208).

Other Washington social casino settlements and Aristocrat cases

Other Washington social casino cases followed the same Ninth Circuit ruling, and the State of Washington now sues Playtika and Aristocrat. The totals sit in gambling settlements by year and amount.

• DoubleDown Casino settlement (USD 415M)
• Playtika Slotomania settlement (USD 38M)
• SciPlay Jackpot Party settlement (Washington)
• Zynga social casino settlement (USD 12M)
• Washington AG v. Playtika and Aristocrat
• High 5 Games Washington verdict: the only verdict, claims open to 2027-01-04

Every case against the company that bought Big Fish Games is listed under Aristocrat lawsuits.

Questions people ask

Is the Big Fish Casino settlement still open?

No; the claim deadline passed on January 4, 2021. To find settlements that still take claims, use the gambling settlement eligibility checker.

How much did Big Fish Casino players get?

There is no published average; each member's share depended on lifetime chip spend, the tier rates and the total of approved claims. At most USD 114,659,310 was left before administration and incentive awards (derived), and what gambling settlements actually paid each claimant compares other funds.

When were Big Fish Casino settlement payments made?

The agreement points to payment within 14 days of final approval and the settlement card to payment on or before July 11, 2021; the court record we read has no distribution report.

Is BigFishGamesSettlement.com legitimate?

BigFishGamesSettlement.com was Angeion Group's site and is offline; a site asking for a fee to release a payment is not this settlement. To check any current claim site, see is this settlement website legit.

What is the difference between Kater and Thimmegowda?

Kater was filed in 2015 and Thimmegowda in 2019 so that the period after the sale to Aristocrat and the Aristocrat entities were covered; both settled together.

Who paid the USD 155 million?

Churchill Downs agreed to pay USD 124 million and Aristocrat USD 31 million, announced on May 24, 2020. The settlement agreement itself does not allocate the fund.

Are Big Fish settlement payments taxable?

This page gives no tax advice. Whether settlement payments are taxable is covered on the are gambling settlement payments taxable page, not here.

Is Big Fish Casino legal in Washington?

A settlement approval is not a ruling that Big Fish Casino is legal or illegal. The Ninth Circuit's 2018 holding and the state's current position sit on the page for every gambling lawsuit in Washington.

GamblingLawsuits.org is a non-commercial project. It takes no money from operators, affiliates or law firms. Filing a settlement claim is always free. We are not a law firm and we are not a settlement administrator. Last checked: November 14, 2026.