Justia Gaming Law Opinion Summaries

Articles Posted in Massachusetts Supreme Judicial Court
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In this proposed class action suit challenging the rules of blackjack at the Encore Boston Harbor Casino the Supreme Judicial Court affirmed the order of the superior court judge granting the motion to dismiss brought by MGM Blue Tarp Redevelopment, LLC (MGM), holding that the rules authorized MGM to offer 6:5 payout blackjack.The Encore Boston Harbor Casino was operated by Wynn Resorts Holdings, LLC, Wynn MA, LLC, and Wynn Resorts, Ltd. (Encore). Plaintiffs, the gamblers challenging the rules of the game, sued Encore and MGM, contending that there were entitled to three dollars for every two dollars bet (3:2) instead of the six dollars for every five dollars bet (6:5) that they received when playing at tables requiring smaller bets. Plaintiffs argued that the Massachusetts Gaming Commission's blackjack rules did not clearly authorize payouts of 6:5 except with games played by dealing rules different from those used at Plaintiffs' tables. The superior court allowed MGM's motion to dismiss. The Supreme Judicial Court affirmed, holding that Plaintiffs understood the rules and the stakes and that deference was due to the Commission's interpretation of its blackjack rules. View "DeCosmo v. Blue Tarp Redevelopment, LLC" on Justia Law

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In 2014, the Massachusetts Gaming Commission awarded a gaming license to Wynn MA, LLC. An unsuccessful applicant for the license (the company), the city that would have hosted the unsuccessful applicant, a labor union, and individual citizens (collectively, Plaintiffs) filed two complaints alleging numerous defects in the Commission’s process for awarding the license. The Commission moved to dismiss both complaints. The superior court allowed the motions on all but one count of one of the complaints, permitting only the company’s claim for certiorari review to survive. The Supreme Court affirmed in part and reversed in part the judge’s allowance of the Commission’s motion to dismiss, holding (1) the motion judge correctly dismissed the company’s claim under Mass. Gen. Laws ch. 30A, 14; (2) the judge correctly found that certiorari review of the licensing decision was available; (3) the city and the union lacked standing to assert their certiorari and declaratory judgment claims; and (4) the individual plaintiffs plausibly stated a claim for relief under the open meeting law. Remanded. View "City of Revere v. Massachusetts Gaming Commission" on Justia Law

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Eugene McCain filed an initiative petition that sought to amend Mass. Gen. Laws ch. 23K to authorize the Gaming Commission to award one additional license for a slot machine parlor. The Attorney General certified the petition. Plaintiffs, ten registered voters and residents of Suffolk County, brought an action against the Attorney General and the Secretary of the Commonwealth, contending that the petition violated tw restrictions set forth in Article 48 of the Amendments to the Massachusetts Constitution, which sets forth certain standards for initiative petitions. The Supreme Judicial Court denied relief, holding that the petition did not violate Article 48’s restrictions and was therefore properly certified by the Attorney General. View "Bogertman v. Attorney General" on Justia Law