The Developing Law of Casinos
اسلاید 1: The Developing Law of CasinosIntroductionContracts and Gambling DebtsTorts Involving CasinosSexual Harassment in CasinosCriminal ActivityDram Shop ActRiverboats and the Jones ActNative American Reservations
اسلاید 2: Contracts and Gambling DebtsEstablishing credit is a contract24 hour period gambler incurred $165,000 debtWanted the court to set the debt aside no capacity (he was an compulsive gambler)no contractcourt said no waybeing a compulsive gambler will not relieve the borrower
اسلاید 3: What do we do with compulsive gamblersAtlantic city has a rule that compulsive gamblers are put on a listCasino Control Commission is required to provide this list to credit depts.
اسلاید 4: National Gambling Impact and Policy Commission Studythe economic and social impact of gambling at all levels of societyone issue - the pathological problem gambling and its impact on societythe report is due in June 1999
اسلاید 5: Torts In CasinosNegligenceCasinos owe the same duty of care to their patrons as other hospitality establishmentsSeek, search, find and fix knew or should have known standard
اسلاید 6: Torts In CasinosFalse ImprisonmentHazelwood v. Harrah’s, discarded Keno ticket was found in the trash by plaintiff, HazelwoodEto, a Harrah’s employee represented that there was nothing wrong with Hazelwood looking through the trash for the ticketWhen Hazelwood was detained because it was a criminal offenseCourt found for Hazelwood because Eto had led him to believe it was o.k.
اسلاید 7: Sexual Harassment in CasinosSteiner v. Showboat Hotel and CasinoFemale employee verbally abused by male supervisor complained Management moved her shift to an inconvenient time for herShe was eventually switched back and supervisor began verbally abusing her againShe complained and management asked him only to apologize
اسلاید 8: Sexual Harassment in CasinosSteiner v. Showboat Hotel and Casino (continued)She filed a complaint with the Employment BoardManagement defended saying this supervisor was rude to everyone (males and females)Court disagreed his comments to the women were particularly sexual and created a hostile work environment.
اسلاید 9: Criminal Activity at CasinosCasinos must use extra precautions to protect guest Criminal activity is forseeableWhat about protecting childrenAttractive nuisance
اسلاید 10: Casinos and the Dram Shop ActGamblers try to get relief from their debts by claiming that the casino over servedThe casino continuously provided plaintiff with complimentary drinksHe became visibly intoxicated and casino continued to serve drinksHe sustained losses of $2,000,000 while visibly intoxicated
اسلاید 11: Casinos and the Dram Shop ActDram Shop Act was not intended for this type of protectionHigh regulation of casino industry in New Jerseyif New jersey had wanted to protect this interest they would have enacted legislationExtension of the Dram Shop Act is problematicSober gamblers can lose bigIntoxicated gamblers can win bigDo we only apply the intoxicated rule if you lose.
اسلاید 12: Riverboats and the Jones ActEmployees generally limited to worker’s comp in injury casesJones Act allows for full recoveryIssue whether the Riverboat is a “vessel”
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