Friday, October 21, 2022

Hans Niemann Ties for Fifth in U.S. Championship, Files $100 Million Lawsuit Against Carlsen, Chess.com, and Nakamura

Hans Niemann tied for fifth place in the 14 player round robin 2022 U.S. Chess Championship held at the Saint Louis Chess Club located across the street from the World Chess Hall of Fame. He scored 7/13, 1.5 points behind first place finisher Fabiano Caruana, the 2016 U.S. Chess Champion who drew the 2018 World Chess Championship match against Magnus Carlsen before losing 3-0 in the Rapid Tiebreak.

Niemann's performance rating of 2699 in the 2022 U.S. Chess Championship exactly matches his pre-tournament over the board rating of 2699. Keep in mind that 2700 is often denoted as the minimum rating level for an elite chess player. There has been a lot of reckless speculation about Niemann cheating at over the board chess, but there is no evidence that Niemann has cheated at over the board chess, and there is no evidence that Niemann cheated in the U.S. Championship, which is the most prestigious tournament of the year in American chess.  

Some of Niemann's accusers/critics have suggested that Niemann play strong players under controlled conditions to "prove" that his high over the board rating is legitimate and to prove that he is not cheating. If the U.S. Championship is not a sufficiently secure event and proving ground then that means there are few if any secure events left in over the board chess. Niemann's performance in this strong 13 player event is compelling evidence that his rating is a legitimate reflection of his playing strength and not due to cheating. Does this one tournament result definitively prove that Niemann never cheated at over the board chess? No, but the burden of proof is not on Niemann to prove that he is not cheating or has not cheated; the burden of proof rests with his accusers. However, the notion that Niemann playing over the board in controlled circumstances would reveal him to be a cheater lost credibility in the wake of Niemann's U.S. Championship performance in his first appearance in that event, and anyone who asserted that Niemann would be exposed when playing against America's top players looks uninformed.

In related news, Niemann has filed a $100 million federal lawsuit against World Chess Champion Magnus Carlsen, Chess.com, Grandmaster Hikarua Nakamura, Danny Rensch (an officer of Chess.com), and the Play Magnus Group (one of Carlsen's companies). You can read Niemann's 44 page complaint here. Niemann asserts five causes of action: Slander, libel, violations of the Sherman Act, tortious interference with contract and business expectancies, and civil conspiracy. 

Each count refers to a specific legal term of art with a specific legal meaning and a specific burden of proof necessary in order for Niemann to prevail. In non-lawyer terms, Niemann is asserting that the named defendants conspired together to defame Niemann in both written word and spoken word, that the named defendants conspired together to prevent Niemann from earning a living as a chess player, chess streamer, and chess coach, and that they interfered with specific contracts that Niemann already had in place to participate in chess tournaments and chess matches. Niemann's allegations are serious, but they are also difficult to prove in court. Niemann filed his lawsuit in the Eastern District of Missouri, presumably because this situation began in St. Louis when Carlsen withdrew from the Sinquefield Cup after losing to Niemann. Disputes over jurisdiction are a major aspect of litigation, and it will be interesting to see if one or more of the named defendants moves for dismissal based on improper subject matter jurisdiction and/or improper personal jurisdiction. It is also possible that one or more of the named defendants moves for summary judgment, which would be the assertion that even if Niemann's allegations are viewed in the most favorable light by the court he would not be able to meet the burden of proof on one or more of the causes of action.

I decline to speculate on how the court might rule on such motions, but this will be an interesting case to follow, and a case that potentially could have a significant impact not only in terms of the outcome of the litigation, but also on the chess community's methods of detecting chess cheating and the chess community's response when a player is suspected of cheating in the absence of credible evidence or a confession.

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