Facebook
Fark
Digg
Reddit
StumbleCourt nullifies $150,000 award against Imperial Palace
Friday, July 31, 2009 | 10:13 a.m.
Imperial Palace
Sun Coverage
CARSON CITY – The Nevada Supreme Court has nullified a $150,000 punitive damage award against the Imperial Palace because of “egregious” misconduct by a Las Vegas lawyer during trial.
The court did, however, uphold a $99,000 judgment against the casino in favor of James Grosjean who said he was illegally held by security guards of the resort.
Grosjean was detained by casino security and two agents of the state Gaming Control Board because he matched the description of a person in whom a third gaming agent was interested. He was handcuffed, searched and detained by casino personnel.
When it was determined Grosjean was not the person being sought, the casino security still held him for an additional time, according to the suit.
Grosjean complained this was part of conspiracy to exclude professional gamblers from gambling at the casino.
The search turned up a large sum of money, chips from various casinos and two sets of identification, one of them false. Grosjean was also wearing two pairs of pants.
The court, in a unanimous decision written by Justice Michael Douglas, said the jury in the punitive damages hearing appeared swayed by the improper behavior of attorney Robert Nersesian rather than the evidence. He represented Grosjean.
The court in its 33-page opinion ordered a new trial on the punitive damage phase of the suit.
The court said the testimony and evidence during the five day trial “reasonably could support the verdict rendered here” in awarding $99,000 to Grosjean. He was held for 45 minutes during which no physical injury occurred. The jury also awarded Grosjean $9 against Donnie Espensen, a casino security official.
But in overturning the punitive damage award, the court said Nersesian wrongly asked the jury to punish the Imperial Palace for not making substantial charitable contributions despite being a highly profitable corporation. He said the casino gave $3,026 to charity despite making $7 million.
The court said Nersesian violated the so-called “golden rule” by asking jurors to place themselves in the position of Grosjean. And the Imperial Palace claimed Nersesian cried and brought his personal feelings into the case during his presentation.
The court said professional conduct standards prohibit an attorney from expressing personal opinions regarding the justness of a cause.
Douglas said “this misconduct in this matter is so egregious as to warrant a new trial on punitive damages.”
The Supreme Court rejected the argument of the Imperial Palace that they were shielded from suit because they were acting on the instructions of the state gaming agents. The court ruled that District Judge Lee A. Gates was correct in holding that the casino was not entitled to qualified immunity.
The jury at first came back with a $500,000 punitive judgment award against the Imperial Palace. The judge reduced it to $150,000. And that issue will now go to trial again.
Discussion: comments so far…
Comments are moderated by Las Vegas Sun editors. Our goal is not to limit the discussion, but rather to elevate it. Comments should be relevant and contain no abusive language. Comments that are off-topic, vulgar, profane or include personal attacks will be removed. Full comments policy. Additionally, we now display comments from trusted commenters by default. Those wishing to become a trusted commenter need to verify their identity or sign in with Facebook Connect to tie their Facebook account to their Las Vegas Sun account. For more on this change, read our story about how it works and why we did it.
Only trusted comments are displayed on this page. Untrusted comments have expired from this story.
No trusted comments have been posted.
Post a comment
Most Popular
- Viewed
- Discussed
- E-mailed
- Photos: Scott Disick celebrates his 29th birthday at 1 OAK in the Mirage
- HOA scandal cuts wide swath across Las Vegas Valley
- Man suffers bullet wound when stopping burglary attempt
- Photos: Surrender’s 2nd anniversary with Skrillex, ‘Le Reve,’ Paris and Floyd
- Nearly 40,000 have voted early in Clark County
Everything Under the Sun
Blogs
The Kats Report
With Shenandoah project stalled, Wayne Newton hits back legally (7 Comments)
Las Vegas Philharmonic says search for new music director to begin 'immediately' (1 Comment)
Where does a Playmate play when she turns 21? Vegas! (3 Comments)
Ice Ice Billy
The road to six-toed cats and Mayor Bubba
The Kats Report
David Itkin tells L.V. Philharmonic officials he's on his way out (14 Comments)
Diamond Dave sells it well as Van Halen pours out the power at MGM Grand (2 Comments)
Entering debut at Tryst, Nick Hissom is a model for a rapid rise to prominence (3 Comments)
- Locally owned and independent since 1950; Winner of the Pulitzer Prize for Public Service, best news website in the nation & DuPont Award for broadcast journalism
Maybe IP should tender a reasoanble settlment offer. I bet their defense fees are already more than the actual damages, considering this has already gone to the Nevada Supreme Court once, and there is no guarantee that it won't return if they are fighting over the result of the next trial too.
GONTLEMONS, TIME TO SETTLE
The attorney cried? He needs to hear the Tom Hanks speach from "A League of Their Own." ("There's no crying in baseball.") There's no crying by attorneys in court!
Heck No you don't settle the IP didn't attempt to settle they went to the Supreme Court after getting the actual award reduced! No No No don't settle now you might get a $500,000. judgement again and if they want to go back to the Supreme court again make they push it. Hold there feet to the fire they didn't mind hand cuffing you and treat you as criminal.
Love seeing card counters beat casinos at their own "games".
Nevada Supreme Court ruling for a casino?
I'm shocked.