Earlier quoted context omitted.
From the judgment: "The Court found that Ivey and Sun breached their contract with Borgata to play Baccarat in compliance with the CCA by violating N.J.S.A. 5:12-115(a)(2) and (b) when they knowingly engaged in a scheme to create a set of marked cards and then used those marked cards to place bets based on the markings." That's the finding I disagree with, and seems to be the point that the entire judgment rests on.…
Bet placement and payment are all functional parts of a casino game. You can't ignore them when reading the regulations. If Ivey placed bets differently than he otherwise would have, then the game was affected.
Even if it does, there is a specific penalty defined for breaching that section of the CCA, so it's not comparable to the Golden Nugget case.