Arci,

I'm going to help you out here. If you don't believe me, consult a lawyer.

The reason I believe you could be successfully sued in this instance is a matter of tense. I believe "Rob" may be able to demonstrate that his special plays have historically benefitted him, in what amounts to a limited statistical run.This is in the past tense. If this is the case, what he's claiming has nothing to do with a separate run of a million or a billion hands. It has to do with what happened in reality in a limited time frame in the past. Saying that he did not accomplish A, when he did, is grounds for a lawsuit.

This is virtually the same argument used by investment companies ("Past performance is no guarantee of future results.") to protect themselves. Rob can make the identical argument.