Appeals Court Revives Lawsuit Against Resorts World Las Vegas
Background of the Lawsuit
A prominent lawsuit involving Resorts World Las Vegas has been revived by an appeals court, sending the case back to the US District Court for further examination. This development offers high-stakes gambler Robert “R.J.” Cipriani, who is known online as “RobinHood 702,” another opportunity to advance his legal claims.
Details of the Dispute
Cipriani has long maintained that Resorts World allowed another gambler, Robert Alexander, to repeatedly harass him while on the casino premises. The initial ruling by District Judge Miranda Du dismissed the case, prompting Cipriani to appeal this decision in October.
Appeals Court Ruling and Judicial Estoppel
On Monday, the Ninth Circuit judges Mark Bennett, Gabriel Sanchez, and Holly Thomas determined that the district court had incorrectly applied the principle of judicial estoppel in dismissing Cipriani’s claims. These claims included negligence, innkeeper liability, and negligent supervision against Resorts World. Judicial estoppel is a legal doctrine that prevents a party from taking contradictory positions in different courts. However, the appeals court did uphold the dismissal of claims brought against former Resorts World president Scott Sibella.
Analysis of the Alleged Inconsistency
The judges noted that the district court based its dismissal on what it saw as an inconsistency. Cipriani had previously asserted in a state court that Resorts World had ejected Alexander to protect his safety, while in his federal lawsuit, he claimed the casino allowed Alexander’s harassment for weeks. The appeals court found no contradiction here, explaining that both assertions could be true—Alexander harassing Cipriani before eventually being removed from the casino.
Regarding Sibella, the judges concluded that Cipriani had not demonstrated that Sibella qualified as an “innkeeper” under the relevant law, which holds the “owner” or “keeper” of a hotel liable.
Current Status and Next Steps
During an October hearing, Resorts World’s attorney, Tamara Beatty Peterson, argued that Cipriani’s accounts had changed across legal filings. Meanwhile, Sibella’s defense maintained that he could not be held personally liable under negligence or innkeeper liability standards. The schedule for the rehearing of this case has not been announced yet.
