Mandalay Bay owners sue victims of Las Vegas mass shooting

[Teh One Who Knocks]

New York Post


https://i.imgur.com/LO3rF30.jpg

The corporate owners of the Mandalay Bay casino filed suit against the victims of last year’s Las Vegas concert mass shooting, claiming it has no liability for the massacre, according to a published report on Monday.

MGM Resorts International went to federal courts in Nevada and California and took on more than 1,000 shooting victims, saying claims against the hotel giant “must be dismissed.”

“Plaintiffs have no liability of any kind to defendants,” the complaints argue, according to the Las Vegas Review-Journal.

Las Vegas lawyer Robert Eglet, who is representing several victims, told the paper that the hotel’s unusual action is a pre-emptive strike to get the cases heard in federal court instead of state court. Englet said MGM must believe it has better chances of victory in a federal case.

The MGM lawsuits are a “blatant display of judge shopping” that “quite frankly verges on unethical,” according to Eglet.

“I’ve never seen a more outrageous thing, where they sue the victims in an effort to find a judge they like,” the lawyer continued. “It’s just really sad that they would stoop to this level.”

An MGM spokeswoman said Monday of the company’s lawsuits: “The Federal Court is an appropriate venue for these cases and provides those affected with the opportunity for a timely resolution. Years of drawn out litigation and hearings are not in the best interest of victims, the community and those still healing.”

[PorkChopSandwiches]

:lolwut:

[perrhaps]

:lolwut:

While most find this to be morally reprehensible, it's a stroke of genius, which if successful will save MGM millions of dollars in future legal fees if the casino were to be named as a defendant in hundreds of individual lawsuits.

[PorkChopSandwiches]

I understand, but I think the negative publicity from this isnt going to bode well

[Godfather]

Interesting, I’ve never heard of this route before, could set new precedent. It’ll be interesting for sure. Courts will need to take real care with what their ruling says about liability of venues where shooting occur.

[Teh One Who Knocks]

As horrific as this all was, I would find it extremely hard to find the hotel to be liable in any way in this. I mean, what else were they supposed to do? Do we want to have it where it becomes that all our luggage will be searched upon check in at a hotel? Maybe an FBI background check before you can make reservations? Metal detectors with heavily armed guards at every entrance?

I don't see anywhere in this where the hotel could be found at fault. And the only reason it's even a discussion is because of the ambulance chasing personal injury lawyers we have to deal with in North America.

[PorkChopSandwiches]

This is why they are doing it, I'm just saying it doesn't look good.


The lawsuits do not seek compensation from the victims. Instead, MGM argues that litigation should proceed at the federal level because under the Support Anti-Terrorism by Fostering Effective Technologies (SAFETY) Act, the massacre that killed 58 people and wounded roughly 500 was an act of terror. MGM maintains that by the terms of the SAFETY Act, the security firm hired for the concert, Department of Homeland Security-certified Contemporary Services Corporation, is the liable party and not MGM. Court documents note that the shooting victims named in the suit have either filed or have threatened to file lawsuits.

[Teh One Who Knocks]

No, I know why they're doing it (basically self-defense), I just don't understand the pending or threatened lawsuits against the hotel. On what grounds could the hotel be liable? What else are they supposed to do (like I mentioned in my above post)?

[PorkChopSandwiches]

I see what you're saying. Of course there will be lawsuits against them, a tragedy happened....now they need to be paid :roll:

[RBP]

Why is this shocking? Desperately chasing the deep pockets is met my desperately trying to deflect liability. It amazes me that people can't separate personal from business.

I agree with Lance, but that doesn't mean some jackoff jury wouldn't fuck that casino. They have money, victims need money. So give them money.

[redred]

It seems to be the way of the modern world and no offence but i think your country started this crazy lawsuit thing , didn't you have someone sue McDonald's because they put ketchup in a burger or something:lol:

[Godfather]

It seems to be the way of the modern world and no offence but i think your country started this crazy lawsuit thing ,

We need to get back to the basics of tort law negligence (I don't think that's what it's called in the US but I'll bet the same principals apply). It's so simple a teenager can get it. Negligence is 'doing or not doing something which a reasonable and prudent person would do or not do' (reasonable and prudent is a moving target but technically should be that of any other prudent hotel). Five steps to show negligence:

1. A duty of care was owed to the Plaintiff by the Defendant
2. A breach of duty occurred
3. There's a causal link between the conduct and harm
4. The proximate cause of the loss was foreseeable by a reasonable person
5. Damages resulted


This case should be easy. Is a duty of care owed by the hotel not to let a deranged person shoot people? Ok sure, let's say yes within reason. Was there a breach of a standard duty of care? No. Hotels don't and can't monitor what's in bags and what guests do in their rooms, I don't know there's any precedent for that at all. I see no link, nothing foreseeable or reasonable care was skipped between giving this guy a room and the horrific shooting from what I can see. I have no idea how this kind of case even progresses...



didn't you have someone sue McDonald's because they put ketchup in a burger or something:lol:

Ff that's true, that's fucked :lol: Follow the same steps - maybe you can get as far as step 5 but then what? What are your damages? The cost of a burger - that's the answer.

[redred]

my bad it was cheese not ketchup :lol:
http://www.newser.com/story/259876/mcdonalds-sued-for-5m-over-2-slices-of-cheese.html