judge Archives - Keno Wizard https://kenowizard.com/tag/judge/ The Ultimate Keno Destination for Odds, Tips & Tricks Mon, 01 Jul 2024 07:29:15 +0000 en-US hourly 1 https://wordpress.org/?v=6.5.5 https://i0.wp.com/kenowizard.com/wp-content/uploads/2023/02/cropped-keno-wizard-icon.png?fit=32%2C32&ssl=1 judge Archives - Keno Wizard https://kenowizard.com/tag/judge/ 32 32 230792155 Kentucky Judge Upholds Ban on Controversial ‘Gray Machines’ https://kenowizard.com/2024/07/01/kentucky-judge-upholds-ban-on-controversial-gray-machines/ https://kenowizard.com/2024/07/01/kentucky-judge-upholds-ban-on-controversial-gray-machines/#respond Mon, 01 Jul 2024 07:29:15 +0000 https://kenowizard.com/2024/07/01/kentucky-judge-upholds-ban-on-controversial-gray-machines/ A Franklin County Circuit Judge upheld a Kentucky law that bans “gray machines,” slots-like devices that pay out money. The ruling was announced on June 28 and gave state officials a boost in their effort to rid convenience stores, gas stations and bars across Kentucky of the machines. Judge Grants Summary Judgment in Favor of [...]

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A Franklin County Circuit Judge upheld a Kentucky law that bans “gray machines,” slots-like devices that pay out money. The ruling was announced on June 28 and gave state officials a boost in their effort to rid convenience stores, gas stations and bars across Kentucky of the machines.

Judge Grants Summary Judgment in Favor of Kentucky’s ‘Gray Machine’ Ban

In his decision, Judge Phillip Shepherd granted Attorney General Russell Coleman’s request for summary judgment, meaning he decided the case without going to trial. Coleman praised the ruling, noting the vital role of the Legislature in protecting public interests, as reported by the Associated Press. He commended lawmakers for their bipartisan action against machines often alleged to have tenuous legal status.

The so-called gray machines triggered considerable controversy during this year’s legislative session. They were installed at various locations statewide and drew support as well as opposition. Advocates described them as valid “skill games” and put forward alternate legislative proposals to regulate and tax them as such. Critics warned they would enable the biggest expansion of gambling in Kentucky history.

ARKK Properties led the legal challenge along with other stakeholders including Pace-O-Matic, maker of the popular Burning Barrel machine. The lawsuit raised several arguments against the ban. ARKK Properties together with the other stakeholders claimed the ban violated free speech rights, was arbitrary, and impaired contracts, among other points. 

Judge Shepherd dismissed all these arguments, stating that expecting immunity from regulation for machines operating on the fringes of legality was unreasonable given Kentucky’s history of stringent gambling laws.

Court Decision Brings Closure to Contentious ‘Gray Machine’ Debate in Kentucky

House Bill 594, which initiated the ban, had a tumultuous journey through the legislative process before becoming law. Despite intense lobbying on both sides, it cleared both chambers with overwhelming support and Gov. Andy Beshear signed it. House Speaker David Osborne said he supported Shepherd’s ruling because it reaffirms that these games are illegal and cannot be operated without proper oversight. Regarding the next steps, J.Guthrie True, attorney for plaintiffs indicated an appeal may be coming.

In recent years, Kentucky has passed other significant gambling legislation, including measures that secured the legal status of historical racing machines at horse tracks. These machines, which allow betting on past horse races, have become a substantial revenue source for the tracks, helping to enhance the state’s horse racing industry.

The fight over gray machines has been costly and continued, taking place both in courtrooms as well as in political arenas. This issue involved more than just legal disputes – there were significant political moves made and heavy lobbying done around this subject, which points to how serious people take gambling regulation in Kentucky.

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Las Vegas Hotel Price Fixing Lawsuit Dismissed by Federal Judge https://kenowizard.com/2024/05/14/las-vegas-hotel-price-fixing-lawsuit-dismissed-by-federal-judge/ https://kenowizard.com/2024/05/14/las-vegas-hotel-price-fixing-lawsuit-dismissed-by-federal-judge/#respond Tue, 14 May 2024 17:49:34 +0000 https://kenowizard.com/2024/05/14/las-vegas-hotel-price-fixing-lawsuit-dismissed-by-federal-judge/ A class-action lawsuit, which presented price-fixing claims against major Las Vegas hotels, has been dismissed by a federal judge. Thus, Caesars Entertainment, MGM Resorts, Wynn Resorts, and Treasure Island scored a big victory in prolonged legal proceedings, which started over a year ago. Lawsuit Alleges Price-Fixing Conspiracy Among Major Las Vegas Hotel Operators The lawsuit [...]

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A class-action lawsuit, which presented price-fixing claims against major Las Vegas hotels, has been dismissed by a federal judge. Thus, Caesars Entertainment, MGM Resorts, Wynn Resorts, and Treasure Island scored a big victory in prolonged legal proceedings, which started over a year ago.

Lawsuit Alleges Price-Fixing Conspiracy Among Major Las Vegas Hotel Operators

The lawsuit was filed back in January 2023 by Seattle-based law firm Hagens Berman Sobol Shapiro on behalf of two tourists who sought repayment for alleged overcharges. The lawsuit accused major Las Vegas hotel operators such as Caesars Entertainment, MGM Resorts, Wynn Resorts, and Treasure Island that they have made surreptitious agreements aiming to inflate room prices with the help of data-sharing software called Rainmaker

Allegedly the operators used the software developed by Florida-based Cyndyn Group to share sensitive pricing information among themselves, which then resulted in artificially high room rates.

The plaintiffs challenged the major Las Vegas operators under the Sherman Antitrust Act, which aims to prevent anti-competitive practices that could harm consumers.

In the recent hearing in connection with the case, US District Chief Judge Miranda Du dismissed the lawsuit, reported The Las Vegas Review-Journal. She stated that plaintiffs did not prove that there was in fact a clear price fixing agreement among the hotel operators.

Du’s decision followed another dismissal of the lawsuit that happened in October 2023. The plaintiffs then filed an amended complaint but still, the judge found their allegations insufficient to establish a plausible case of price-fixing.

Lawsuit Claims Bias in Vegas Hotel Pricing Software, Judge’s Ruling Highlights Gray Area

According to the claims in the lawsuit, using Rainmaker’s software affected the normal market competition as it provided biased pricing recommendations, which the plaintiffs claimed were in favor of the hotel operators. As a result, the room prices had higher rates for consumers. 

However, Judge Du pointed out that hotel operators do not have to align their prices with the suggestions from Rainmaker, which weakened the plaintiffs’ argument.

Hotel operators’ representatives hailed the decision but also stressed that they are committed to fair business practices.

At the same time, the legal representatives of the plaintiffs said that they are currently considering their options and may potentially file for an appeal.  

Last year in April, the Las Vegas hotel-casino operators also sought to dismiss the class-action lawsuit, refuting the plaintiff’s claims and dubbing them a conspiracy. 

Back then, Amanda Belarmino, an assistant professor at the William F. Harrah College of Hospitality at UNLV, also opposed the allegations as unfounded. She attributed the high room rates to implications following the removal of pandemic restrictions. 

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Las Vegas Judge Opts for Probation in William Hill Embezzlement Case https://kenowizard.com/2024/04/30/las-vegas-judge-opts-for-probation-in-william-hill-embezzlement-case/ https://kenowizard.com/2024/04/30/las-vegas-judge-opts-for-probation-in-william-hill-embezzlement-case/#respond Tue, 30 Apr 2024 10:34:31 +0000 https://kenowizard.com/2024/04/30/las-vegas-judge-opts-for-probation-in-william-hill-embezzlement-case/ In a recent ruling, a judge in Las Vegas spared two individuals from incarceration, opting instead for probation, following their involvement in an embezzlement scheme targeting the renowned sports betting company, William Hill. Unraveling the Scheme of William Hill’s Employee Fraud Investigation The investigation, initiated in December 2022 by a Nevada Gaming Control Board enforcement [...]

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In a recent ruling, a judge in Las Vegas spared two individuals from incarceration, opting instead for probation, following their involvement in an embezzlement scheme targeting the renowned sports betting company, William Hill.

Unraveling the Scheme of William Hill’s Employee Fraud Investigation

The investigation, initiated in December 2022 by a Nevada Gaming Control Board enforcement agent, uncovered a web of deceit involving multiple employees within William Hill, reported 8 News Now. The company, boasting over 100 race and sports books in Nevada and recognized as the state’s premier mobile sports betting app, fell victim to the fraudulent activities of Shravan Singh and Paige Steiner, along with two other accomplices.

The investigation into the embezzlement scheme at William Hill involved both the Nevada Gaming Commission and internal teams, with Shravan Singh and Paige Steiner facing numerous charges. Singh’s termination and subsequent arrest followed the discovery of fraudulent activity, with over $280,000 reportedly stolen. Investigators uncovered a pattern of suspicious transactions facilitated by Singh’s position, leading to further scrutiny and potential arrests of additional co-conspirators.

Singh and Steiner, charged with five counts each, confessed to their crimes earlier this year and agreed to jointly compensate the company with over $200,000 in restitution. Their sentencing, delivered by Clark County Judge Crystal Eller, resulted in probation terms. Violation of these conditions could lead to a minimum of three years behind bars for either offender.

Singh Unravels Role in the William Hill Embezzlement

According to investigators, Singh orchestrated fraudulent cash adjustments on a staggering 166 occasions spanning nearly 3,000 instances. Documents revealed Singh’s embezzlement spree, which commenced in October 2021, amounted to over $280,000. His position within the company shielded his illicit activities from detection until the investigation’s inception.

Authorities underscored Singh’s pivotal role in concealing not only his own fraudulent transactions but also those of others, impeding the timely reporting of compliance breaches by William Hill.

Additional individuals allegedly involved in the embezzlement scheme against William Hill were identified, bringing the total to five. Persha Stanley and Anthony Cuddeback were charged for their alleged roles, tied to fraudulent cash adjustments authorized by former employee Shravan Singh. Besides Stanley and Cuddeback, investigators implicated Passion Tatreoina Rich and Paige Steiner in the scheme, with potential charges pending against Rich. 

Meanwhile, a separate legal battle involving six individuals, including former William Hill staff, is ongoing in Las Vegas Justice Court, shedding further light on the pervasive nature of embezzlement within the sports betting industry.

The ruling marks a cautionary tale for both employees and companies operating in the gambling sector, emphasizing the severe consequences awaiting those who engage in fraudulent practices. Despite evading immediate imprisonment, Singh and Steiner will remain under judicial scrutiny, serving as a deterrent against future misconduct.

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Federal Judge Ends Legal Battle Over Jamul Indian Village Casino https://kenowizard.com/2024/03/04/federal-judge-ends-legal-battle-over-jamul-indian-village-casino/ https://kenowizard.com/2024/03/04/federal-judge-ends-legal-battle-over-jamul-indian-village-casino/#respond Mon, 04 Mar 2024 13:15:52 +0000 https://kenowizard.com/2024/03/04/federal-judge-ends-legal-battle-over-jamul-indian-village-casino/ After years of legal battles, a federal judge has brought closure to the longstanding dispute over the tribal casino in the Jamul Indian Village, located in San Diego County. US District Judge Andrew G. Schopler, appointed by President Joe Biden, not only dismissed the latest case against the casino but also imposed sanctions on the [...]

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After years of legal battles, a federal judge has brought closure to the longstanding dispute over the tribal casino in the Jamul Indian Village, located in San Diego County. US District Judge Andrew G. Schopler, appointed by President Joe Biden, not only dismissed the latest case against the casino but also imposed sanctions on the plaintiffs, marking an end to the protracted legal saga.

Kumeyaay Native Americans Reveal Historical Dispute in Battle for Tribal Land

The case dates back to the early 1990s when the Kumeyaay Native Americans, residing in the Jamul Indian Village, held an election regarding the construction of a casino and a hotel on their tribal land. The decision led to a series of legal challenges initiated by a group opposing the construction, which persisted over the years.

In his ruling issued on February 29, Judge Schopler emphasized the frivolous nature of the plaintiffs’ claims, citing over 20 failed lawsuits with shifting and meritless arguments, reported Courthouse News Service. Judge Schopler accused the plaintiffs of pursuing the case in bad faith, solely for harassment purposes, and ordered all attorney fees to be borne by the plaintiffs.

The core of the legal battle revolved around allegations that the construction of the casino infringed upon ancestral burial grounds, owned by the Roman Catholic Church of San Diego. The plaintiffs contended that the transfer of the cemetery plot to the Village was fraudulent, and orchestrated to evade responsibility for desecration.

However, Judge Schopler dismantled these arguments, highlighting the plaintiffs’ misunderstanding of state laws and failure to prove fraudulent transfer. Moreover, he pointed out a critical legal flaw: the absence of the Village as a defendant, despite its indispensable status. As a federally recognized tribe, the Village enjoys sovereign immunity, rendering it immune to lawsuits.

Consequently, Judge Schopler dismissed the case and cautioned against further legal pursuits by the plaintiffs and their attorneys, warning of escalating financial penalties. Expressing hope for a definitive resolution, he urged the plaintiffs to accept their losses and cease litigation.

Last year the Jamul Indian Village Development Corporation (JIVDC) expanded its Jamul Casino with a luxurious 16-story hotel boasting 200 rooms, including 52 suites, alongside extensive amenities such as a rooftop pool deck, restaurant with scenic views, retail space, meeting areas, spa, and fitness center. 

Linked by a pedestrian sky bridge, the hotel aimed to elevate the gambling experience. The expansion reflected JIVDC’s strategic growth plan following a substantial loan, with Chair Erica Pinto emphasizing the economic benefits for the tribal nation and local community, while casino president Mary Cheeks anticipated enhanced competitiveness in the leisure market.

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Missouri Judge Sides with Casino Workers, Approves $5.5M Settlement https://kenowizard.com/2024/01/15/missouri-judge-sides-with-casino-workers-approves-5-5m-settlement/ https://kenowizard.com/2024/01/15/missouri-judge-sides-with-casino-workers-approves-5-5m-settlement/#respond Mon, 15 Jan 2024 09:05:52 +0000 https://kenowizard.com/2024/01/15/missouri-judge-sides-with-casino-workers-approves-5-5m-settlement/ Last year, casino workers in Missouri filed a class action lawsuit against Penn National Gaming and two of its casinos in the state, the Argosy Riverside Casino and Hollywood Casino St. Louis. In their lawsuit, the workers claimed that the trio breached multiple laws by illegally reducing their paychecks. Allegations filed by the casino workers [...]

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Last year, casino workers in Missouri filed a class action lawsuit against Penn National Gaming and two of its casinos in the state, the Argosy Riverside Casino and Hollywood Casino St. Louis. In their lawsuit, the workers claimed that the trio breached multiple laws by illegally reducing their paychecks. Allegations filed by the casino workers claimed the companies reduced their paychecks to cover costs for maintaining, obtaining and renewing gaming licenses for Missouri.

Further allegations filed by the workers claimed the aforementioned companies created a tip pool applicable for table game dealers. Those tips were allegedly then used to cover paid time off for employees who were non-tipped such as supervisors and managers.

Judge Approves a $5.5 Million Settlement

According to the lawsuit, Penn National Gaming, Argosy Riverside Casino and Hollywood Casino breached the Fair Labor Standards Act. The casino workers alleged breaches of the Missouri Minimum Wage Law and the Employee Retirement Income Security Act.

Representing the plaintiffs are lawyers George A. Hanson, Alexander T. Ricke from Stueve Siegel Hanson LLP, as well as Ryan L. McClelland and Michael J. Rahmberg of McClelland Law Firm, P.C.

According to a report released by Missouri Lawyers Media, a judge recently approved a $5.5 million settlement, siding with the casino workers. US District Judge Stephen R. Bough, gave an initial approval last year in January. Now, as confirmed in the recent report, the judge gave final approval for the settlement of the lawsuit on May 25.

From the approved $5.5 million settlement, some 35% will be allocated toward attorneys’ fees. The Kaufman Fund along with Angels’ Arms, two charity organizations are going to benefit from unspent money.

Elsewhere in Missouri, twelve ballot initiatives will seek to pave the way for legal sports betting across the state. Supported by professional sports teams and legislators, the activity is yet to be legalized across Missouri. Each of the 12 proposals can appear on the Ballot in November, subject to collecting a minimum of 171,592 signatures by May this year.

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Vegas Man Who Assaulted Judge Is Allegedly Suffering from Schizophrenia https://kenowizard.com/2024/01/13/vegas-man-who-assaulted-judge-is-allegedly-suffering-from-schizophrenia/ https://kenowizard.com/2024/01/13/vegas-man-who-assaulted-judge-is-allegedly-suffering-from-schizophrenia/#respond Sat, 13 Jan 2024 00:03:20 +0000 https://kenowizard.com/2024/01/13/vegas-man-who-assaulted-judge-is-allegedly-suffering-from-schizophrenia/ A week ago, Deobra Delone Redden, 30, assaulted Clark County District Court Judge Mary Kay Holthus as she pronounced his sentence. According to the latest reports, Redden might have attacked the judge because of a mental illness. For reference, Judge Holthus was sentencing Redden to prison over an earlier attack with a baseball bat. Holtus [...]

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A week ago, Deobra Delone Redden, 30, assaulted Clark County District Court Judge Mary Kay Holthus as she pronounced his sentence. According to the latest reports, Redden might have attacked the judge because of a mental illness.

For reference, Judge Holthus was sentencing Redden to prison over an earlier attack with a baseball bat. Holtus denied the defendant bail, causing him to charge at her, leap across the desk and slam her into the ground. Redden assaulted the judge but was thankfully stopped by a courtroom marshal and a clerk who intervened to hold him back.

While Holthus’ injuries did not require immediate attention, she was later taken to hospital because of her painful injuries. Shane Brandon, the courtroom marshal who intervened, got the worst of it and was hospitalized with a dislocated shoulder and a cut on the face.

The clerk, Michael Lasso, suffered cuts on his hand but was not hospitalized. In an interview with Good Morning America, he said that he is glad he had been in the courtroom at the time of the attack because he “doesn’t even want to think about what would have happened” otherwise.

Clark County District Attorney Steve Wolfson praised the two men’s actions, thanking him for preventing the situation from becoming much worse.

Redden’s Relatives Were Surprised by His Reaction

As it turns out, Redden’s violent assault may be related to a mental illness. According to reports from Las Vegas news outlets, Redden’s relatives claimed that the man is suffering from schizophrenia and had not taken his medication on the day of the attack.

However, Redden was found competent to stand trial for the incident last year, following treatment at a state forensic psychiatric facility.

The man’s foster mother, Karen Springer, commented on the matter in an interview with KVVU, expressing her shock about Redden’s violent outburst. His sister, Ladonna Daniels, also commented on the matter, saying that the attack was likely not premeditated but a reaction to the sentence.

Holthus was unable to complete the sentence on the day of the assault. However, the court convened again on Monday and she handed him a sentence of between 19 and 48 months. The judge emphasized that the assault on her did not cause her to modify the sentence.

However, Redden now faces additional charges for the attack. He was charged with attempted murder and also faces charges for battery on a protected person, intimidation of a public officer and extortion by threat.

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Judge Hurt, Marshal Hospitalized after Vegas Defendant’s Violent Attack https://kenowizard.com/2024/01/05/judge-hurt-marshal-hospitalized-after-vegas-defendants-violent-attack/ https://kenowizard.com/2024/01/05/judge-hurt-marshal-hospitalized-after-vegas-defendants-violent-attack/#respond Fri, 05 Jan 2024 03:41:22 +0000 https://kenowizard.com/2024/01/05/judge-hurt-marshal-hospitalized-after-vegas-defendants-violent-attack/ Unfortunately, not all convicts take their sentences lightly. Deobra Delone Redden, 30, certainly didn’t, instead opting to assault the judge who denied him bail. Redden was being sentenced for an earlier assault attempt where he assaulted another person with a baseball bat. He pled guilty to having caused substantial injuries in that case in November. [...]

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Unfortunately, not all convicts take their sentences lightly. Deobra Delone Redden, 30, certainly didn’t, instead opting to assault the judge who denied him bail.

Redden was being sentenced for an earlier assault attempt where he assaulted another person with a baseball bat. He pled guilty to having caused substantial injuries in that case in November.

During the recent sentencing in Las Vegas, Redden said that he didn’t believe his crime was serious enough to warrant a prison sentence. However, he acknowledged that the judge has the final say in that matter.

Redden quickly contradicted himself as when Clark County District Judge Mary Kay Holthus handed him a prison sentence without probation, he exploded. Shouting “Oh, fuck that bitch,” Redden charged the judge and leaped across her desk.

The judge tried to move out of the way but was too slow and was taken down by the violent attacker. She was punched several times while on the ground. Other people in the courtroom, including a marshal and a law clerk, tried to help Holthus. Unfortunately, the marshal ended up with a wound on his forehead and a dislocated shoulder and had to be hospitalized.

Holthus was also injured although her injuries did not require immediate treatment.

There Will Be Consequences, Attorneys Say

The matter was later addressed by the Las Vegas District Court. Representatives praised everyone who rushed in to help Holthus and participated in the apprehension of the defendant. Clark County District Attorney Steve Wolfson, meanwhile, condemned the violent behavior and noted that it will surely have consequences.

Speaking of consequences, Redden was transported to the Clark County Detention Center and slammed with two new charges because of his attacks. According to local news outlets, the man is now being accused of battery and battery of a protected person.

As it turns out, the alleged baseball bat assault and the attack on Holthus are not Redden’s first violent outbursts. The man previously served a sentence in Nevada after being convicted of domestic battery.

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Nevada Judge Rejects Ballot Seeking to Repeal A’s Stadium Public Funding https://kenowizard.com/2023/11/07/nevada-judge-rejects-ballot-seeking-to-repeal-as-stadium-public-funding/ https://kenowizard.com/2023/11/07/nevada-judge-rejects-ballot-seeking-to-repeal-as-stadium-public-funding/#respond Tue, 07 Nov 2023 08:11:43 +0000 https://kenowizard.com/2023/11/07/nevada-judge-rejects-ballot-seeking-to-repeal-as-stadium-public-funding/ A proposed ballot referendum petition aimed at repealing public funding for a new Major League Baseball (MLB) stadium in Las Vegas has been rejected by a Carson City judge.  Nevada Judge Deems A’s Stadium Ballot Initiative ‘Legally Deficient’ The ballot initiative, challenged by the teacher union-led political action committee (PAC) known as “Schools Over Stadiums,” [...]

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A proposed ballot referendum petition aimed at repealing public funding for a new Major League Baseball (MLB) stadium in Las Vegas has been rejected by a Carson City judge

Nevada Judge Deems A’s Stadium Ballot Initiative ‘Legally Deficient’

The ballot initiative, challenged by the teacher union-led political action committee (PAC) known as “Schools Over Stadiums,” sought to ask voters whether to approve or reject $380 million in public financing for a $1.5 billion, 33,000-seat stadium on the Las Vegas Strip, intended to be the new home for the relocated Oakland A’s.

During the hearing, Judge Russell emphasized that the issue at hand was the adherence to state law governing the referendum process, reported The Nevada Independent. He pointed out that the petition’s description of the measure’s effect was unclear. Russell further stated that the referendum petition was legally deficient because it did not provide the full text of the measure when gathering necessary signatures, as mandated by the Nevada Constitution.

The ruling means that the “Schools Over Stadiums” PAC can either submit a new referendum petition or appeal the decision to the Nevada Supreme Court. However, any signatures gathered under the rejected petition would be invalidated.

Representatives from the PAC expressed their intention to appeal the decision, indicating their resolve to continue the legal battle. Chris Daly of the Nevada State Education Association, the teachers’ union sponsoring the petition, stated that it seemed they would have to appeal to the Supreme Court or refile their petition.

MLB Owners Await A’s Relocation Decision Amidst Stadium Funding Concerns

The rejected petition, if successful, would not have prevented the A’s from relocating to Las Vegas. Instead, it would have increased team owner John Fisher’s share of the stadium costs, currently standing at $1.1 billion.

In October it emerged that Gaming and Leisure Properties (GLPI), a real estate investment trust, is reportedly considering increasing its investment in the Las Vegas baseball stadium to be built on the site of Tropicana Las Vegas. The $1.5 billion project, supported by the Nevada government, has received $175 million from GLPI.

Meanwhile, MLB owners are expected to approve the A’s planned move during their upcoming winter meetings in Arlington, Texas. MLB Commissioner Rob Manfred had previously emphasized the significance of the referendum’s outcome, indicating that any adverse development related to the referendum would be of great importance.

The new MLB stadium will be constructed on the site of the Tropicana Las Vegas casino, which shall have to be demolished as soon as late 2024. The stadium, primarily funded by the Oakland A’s with a cost of around $400 million, aims to be ready for the 2028 season.

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Judge Rejects Reconsideration Motion in Lawsuit against Ameristar Casino https://kenowizard.com/2023/10/07/judge-rejects-reconsideration-motion-in-lawsuit-against-ameristar-casino/ https://kenowizard.com/2023/10/07/judge-rejects-reconsideration-motion-in-lawsuit-against-ameristar-casino/#respond Sat, 07 Oct 2023 21:17:33 +0000 https://kenowizard.com/2023/10/07/judge-rejects-reconsideration-motion-in-lawsuit-against-ameristar-casino/ In a significant turn of events in the ongoing legal battle between Joseph Shiraef, a skilled card counter from Georgia, and Ameristar Casino in Black Hawk, a judge recently dismissed a motion to reconsider Shiraef’s case. The lawsuit, filed in August, alleges that Shiraef was unlawfully detained by the casino staff and subsequently confronted by [...]

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In a significant turn of events in the ongoing legal battle between Joseph Shiraef, a skilled card counter from Georgia, and Ameristar Casino in Black Hawk, a judge recently dismissed a motion to reconsider Shiraef’s case. The lawsuit, filed in August, alleges that Shiraef was unlawfully detained by the casino staff and subsequently confronted by the Colorado Gaming Commission for his legal card-counting activities.

The dismissal of the reconsideration motion occurred on October 4, marking a crucial development in the case. Legal experts speculate that this decision might indicate a challenging road ahead for the defendants, particularly Ameristar Casino and former Colorado Gaming Commission agent, Joseph Nguyen.

At the heart of the matter is a cell phone video recorded by Shiraef during the incident, providing a firsthand account of the events that transpired on that fateful day, reported Fox affiliate KDVR. In the video, Nguyen can be heard wrongly asserting that card counting, a legal practice in Colorado, was a criminal offense. This video evidence has become a focal point in the case, underscoring Shiraef’s claims of unjust treatment and legal harassment.

A representative from the Department of Revenue has indeed confirmed that card counting in Colorado is permissible as long as players rely on their own mental skills and do not use external aids or devices.

Shiraef’s lawsuit seeks approximately $3 million in damages, reflecting the financial and emotional toll the incident took on him. Legal experts opine that the dismissal of the reconsideration motion might embolden Shiraef’s legal team, potentially strengthening their case against Ameristar Casino and Nguyen.

Shiraef’s Card Counting Dispute Challenges Casino’s Actions

The incident occurred in October 2021 when Joseph Shiraef was unable to cash out his winnings due to accusations of card counting. As there are no laws against card counting in Colorado, Shiraef claimed his Fourth Amendment rights were violated. 

In the legal action, Joseph Shiraef named Ameristar Casino Black Hawk, its parent company Gaming and Leisure Properties, Joseph Nguyen, the City of Black Hawk, and Whitman as defendants for his alleged unlawful detainment. 

However, a federal judge recently granted motions to dismiss claims against Ameristar’s parent company, the city, and Whitman. The judge allowed certain claims to proceed against the casino and Nguyen, who is no longer associated with the Department of Revenue.

Shiraef’s attorney subsequently submitted a motion requesting the judge to review the dismissals and reinstate claims against all the initial parties involved but that was also dismissed.

At the same time, Daniel Carr, a Department of Revenue spokesman, stated in an email that the gaming officer diligently investigated the incident to ensure Colorado Rules were not violated after the patron left hurriedly, refusing to comply with ID requirements and displaying suspicious behavior.

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Missouri Judge Abruptly Dismisses Torch Electronics’ Lawsuit https://kenowizard.com/2023/10/03/missouri-judge-abruptly-dismisses-torch-electronics-lawsuit/ https://kenowizard.com/2023/10/03/missouri-judge-abruptly-dismisses-torch-electronics-lawsuit/#respond Tue, 03 Oct 2023 22:19:23 +0000 https://kenowizard.com/2023/10/03/missouri-judge-abruptly-dismisses-torch-electronics-lawsuit/ A Cole County judge, Judge Daniel Green, dismissed a lawsuit filed by Torch Electronics, a major distributor of unregulated slot machines, just one day before it was set to go to trial.  Mixed Reactions to Torch Electronics’ Lawsuit Dismissal The case, filed in 2021 by Torch Electronics and Warrenton Oil Company, aimed to establish the [...]

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A Cole County judge, Judge Daniel Green, dismissed a lawsuit filed by Torch Electronics, a major distributor of unregulated slot machines, just one day before it was set to go to trial. 

Mixed Reactions to Torch Electronics’ Lawsuit Dismissal

The case, filed in 2021 by Torch Electronics and Warrenton Oil Company, aimed to establish the legality of their machines, which they claimed were designed for amusement purposes despite offering cash prizes. Torch argued that its machines were being unfairly targeted by the state. However, the state contended that the company was attempting to shield itself from prosecution.

Judge Green’s decision to dismiss the lawsuit has sparked mixed reactions. Torch attorney Charles Hatfield expressed disappointment, announcing the company’s intention to appeal the ruling, reported The Missouri Independent. On the other side, Mike Winter, executive director of the Missouri Gaming Association, which represents the state’s regulated riverboat casinos, voiced concerns about the proliferation of unregulated machines. Winter argued that the decision allows these machines to continue operating, impacting individuals who may struggle with gambling problems.

The lawsuit had broader political implications, with attorneys for Missouri Attorney General Andrew Bailey withdrawing from the case earlier due to alleged conflicts of interest related to campaign contributions from political action committees linked to Torch’s lobbyist, former Missouri House Speaker Steve Tilley.

Judge’s Ruling Leaves Missouri’s Unregulated Gambling Industry Hanging

Bailey’s ambiguous stance on unregulated gambling in the state sparked controversy, with rising complaints about illegal gambling machines. Bailey cited the complexity of the problem, while lobbying efforts from pro-gambling groups continued to hinder progress. The lack of political will and vague legislation have allowed illegal slot machines to proliferate, leading to over 170 complaints to the state regulator in 2023. 

Attorney Scott Pool, representing the state, welcomed the judge’s decision, asserting that such matters should be resolved through criminal cases rather than civil lawsuits. Pool emphasized that the state’s law enforcement agencies, including the Highway Patrol, would continue to investigate complaints and seize machines suspected of illegal gambling activities. Whether local prosecutors choose to file criminal charges remains at their discretion.

While the case was seen as an opportunity to shed light on the unregulated gaming industry’s spread throughout Missouri, Judge Green’s ruling has left the legal status of these machines in limbo. The dismissal allows Torch Electronics and similar companies more time to install additional machines in various establishments while the legal battle continues in the appellate courts.

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