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Justices hear compulsive gambling arguments

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State gaming regulations prohibit a compulsive gambler from even filing a lawsuit against a casino, a New Albany attorney told the Indiana Supreme Court today.

Justices are considering a case that asks whether casinos have a common law duty to protect compulsive gamblers from themselves, and whether casinos are required to refrain from trying to entice those people into their establishments. The case is Caesars Riverboat Casino LLC v. Genevieve M. Kephart, No. 31A01-0711-CV-530, and today's arguments follow a split Indiana Court of Appeals decision from earlier this year where the majority decided the gambler couldn't recover from a private negligence action against the riverboat casino. Judge Terry Crone dissented because he believed the common law duty should be imposed because the casino likely knew of her condition.

The Nashville, Tenn. woman had filed a private negligence claim against the Ohio River casino she'd visited in March 2006, when she lost $125,000 that had been borrowed from the casino in a single night. She claimed the casino knew about and took advantage of her compulsive gambling history, enticing her with free meals and drinks, hotel rooms, transportation, and entertainment to get her in to gamble.

In arguing before the state's highest court this morning, Caesars' attorney Gene Price from New Albany told justices that the state's extensive gaming regulation set up through the Indiana Gaming Commission provides the only relief Kephart is entitled to, and she shouldn't be allowed to proceed with her claim.

Kephart's attorney, Terry Noffsinger of Evansville, argued that private causes of action are not precluded by the state's regulatory scheme. He said the law is meant to protect those who are sick, and that this type of behavior shouldn't be considered "marketing" allowed by the state statute and gaming regulations.

Justice Robert D. Rucker wondered about how a new policy might go past the compulsive gambler to impact cases involving intoxicated gamblers, or even compulsive shoppers who buy too much at stores and then say the establishment should have known better. He and other justices asked about the comparisons to Indiana's dram shop law, which says that bartenders have a duty to not serve intoxicated patrons or alcoholics. They also wondered if the casino regulation would extend to food poisoning or a slip and fall, which Price said it wouldn't.

When Justice Brent Dickson asked about whether casinos had any duty to provide reasonable care to customers, Price responded," It has a duty to obey the regular framework, and there are steep fines associated with that. That's where the remedy lies here for Ms. Kephart."

The case is one of first impression nationally, as there is no existing caselaw resulting from compulsive gamblers who were victorious on claims that a casino wrongly targeted them, Noffsinger said in response to a question from Justice Rucker. One federal District court in New Jersey held this, but the 3rd Circuit Court of Appeals later overturned it, Justice Rucker said.

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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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