Labarbera v. Wynn Las Vegas, LLC

422 P.3d 138 (2018)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

D is an Italian citizen and business owner who serves as a consultant for the pharmaceutical industry. D claims to suffer from gambling addiction, as certified in Italy and does not speak any English. D visited Las Vegas and gambled and lost $1,000,000 of his own money. Wynn (P) then extended $1,070,000 worth of gaming credit in the form of casino markers worth $1,000,000 of which was left unpaid. D claims he was intoxicated at the time he signed the casino markers and that the signatures on the markers are not his. Shortly after D left Las Vegas, P filed a complaint with the Clark County District Attorney's Office for passing bad checks in violation of NRS 205.130. P also filed a breach of contract suit. P filed three motions in limine seeking to exclude evidence or argument of D's gambling addiction, intoxication, and any alleged forgery. The district court granted the first two motions, prohibiting D from arguing about his gambling addiction or intoxication at trial, but denied the third motion, allowing D to argue that the casino markers were invalid forgeries. D moved for permission to testify at trial from Italy via video conference and an interpreter. If he appeared in Las Vegas for the trial he would be arrested on a bench warrant. The district court denied D's motion and the trial proceeded without his presence. P got the verdict of $2,626,075.81. D appealed.