Lawsuits claim MGM has no liability to Las Vegas shooting victims

Updated July 16, 2018 - 7:04 pm

MGM Resorts International has filed federal lawsuits against more than 1,000 Las Vegas mass shooting victims in an effort to avoid liability.

The company, which owns Mandalay Bay and the Route 91 Harvest festival venue, argues that it cannot be held liable for Oct. 1 deaths, injuries or other damages, adding that any claims against MGM parties “must be dismissed,” according to complaints filed Friday in Nevada and California.

“Plaintiffs have no liability of any kind to defendants,” the complaints argue.

The company cites a 2002 federal act that extends liability protection to any company that uses “anti-terrorism” technology or services that can “help prevent and respond to mass violence.”

In this case, the company argues, the security vendor MGM hired for Route 91, Contemporary Services Corp., was protected from liability because its services had been certified by the Department of Homeland Security for “protecting against and responding to acts of mass injury and destruction.”

The lawsuits argue that this protection also extends to MGM, since MGM hired the security company.

They do not seek money from the victims but do ask that a judge decide if the 2002 act is applicable, and if so, determine that future civil lawsuits against the company are not viable.

Debra DeShong, a spokeswoman for MGM Resorts, released a statement about the litigation Monday.

According to the statement, “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.”

Las Vegas attorney Robert Eglet, who has represented several Oct. 1 victims, said the grounds of the litigation are “obscure.”

MGM is a Nevada company, so any lawsuits belong in state court, Eglet said. He viewed the decision to file the complaints in federal court as a “blatant display of judge shopping” that “quite frankly verges on unethical.”

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

The act cited in the new lawsuits was passed just more than a year after the Sept. 11, 2001, attacks and intentionally included broad protections. For instance, the act defines terrorism as any unlawful act inside the United States that causes “mass destruction, injury or other loss.”

The FBI has not called the Las Vegas mass shooting an act of terrorism because the gunman had no clear motive, and the FBI defines terrorism as an act of terror associated with extremist ideologies of a political, religious, social, racial or environmental nature.

A gunman opened fire from his Mandalay Bay suite, killing 58 concertgoers and injuring hundreds of others.

^

Contact Rachel Crosby at rcrosby@reviewjournal.com or 702-477-3801. Follow @rachelacrosby.

Business Videos
Circa aiming for December 2020 opening
The 1.25-million-square-foot property will have 44-stories and 777-rooms. It will also have a separate nine-story, 1,201-space parking garage.
Boxabl official explains the building concept
Boxabl business development manager Galiano Tiramani shows off a room built by his company. (Blake Apgar/Las Vegas Review-Journal)
TI/Mirage Tram reopens
The tram that shuttles guests between TI and Mirage reopened this week after being closed for much of 2018.
Las Vegas Convention Center expansion taking shape
Renderings and actual footage show how the Las Vegas Convention Center is evolving.
Former Starbucks CEO Howard Schultz at Las Vegas convention
Former Starbucks CEO and potential presidential candidate Howard Schultz spoke at the Epicor Insights user conference at Mandalay Bay Convention Center Wednesday, April 17, 2019. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Drew Las Vegas to open in the second quarter of 2022
The 67-story Drew Las Vegas is slated to open in the second quarter of 2022 at the north end of the Las Vegas Strip. (Michael Quine/Las Vegas Review-Journal)
NAB Day 1 (Time Lapse)
NAB kicked off at the Las Vegas Convention Center on Monday, April 8, 2019. (Mat Luschek / Review-Journal)
National Association of Broadcasters Show shows 1mm thick 8K TV with 22.2 channel digital sound
Japan’s NHK Science & Technology Research Laboratories booth featured a 1mm thick 8K TV system used in conjunction with a 22.2 channel digital sound system at the National Association of Broadcasters Show at the Las Vegas Convention Center. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Nevada shoppers react to Smith’s no longer accepting Visa credit cards
On March 1, Smith’s announced that it would no longer be accepting Visa credit cards at any of its 142 supermarkets, including the 45 in Nevada.
Massachusetts Gaming Commission asks how long Wynn executives knew about misconduct
Business reporter Rick Velotta gives an update on the adjudicatory hearing on the suitability of Wynn Resorts to retain its gaming license in Massachusetts.
Henderson app developer part of Startup in Residence
Henderson based developers of the app On Point Barricade are taking part in Startup in Residence, a North America program dedicated to pairing tech companies with governments. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Sam's Town employees and customers talk of their love for the iconic casino
Longtime Sam's Town employees and customers love each other and love their casino. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Las Vegas apartments rents
Las Vegas’ apartment market has accelerated in recent years. Developers are packing the suburbs with projects, landlords are on a buying spree, and tenants have filled buildings.
William Boyd talks about the birth of Sam's Town
On the eve of the 40th anniversary of Sam's Town, William Boyd, executive chairman of Boyd Gaming and son of hotel namesake Sam Boyd, talks about how the casino became one of the first local properties in Las Vegas. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
High Roller observation wheel turns five
The world’s tallest observation wheel celebrates it’s fifth year on Sunday, March 31, 2019. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Escape Room Industry Growing In Las Vegas
Escapology employees discuss the growing escape room industry in the U.S. and Las Vegas. (Bailey Schulz/Las Vegas Review-Journal)
Impact of parking fees on visiting the Las Vegas Strip
There are no data showing a relationship between Strip resort and parking fees and the number of out-of-state visitors to Las Vegas. But there are data showing a relationship between Strip parking fees and the number of local visitors to the the Strip. ‘’As a local, I find myself picking hotels I visit for dinner or entertainment, based on whether they charge for parking or not,”’ said David Perisset, the owner of Exotics Racing. ‘’It is not a matter of money, more of principle.’’ A 2018 survey by the Las Vegas Global Economic Alliance found 36.9 percent of Clark County residents reported avoiding parking at Strip casinos that charge for parking. 29.1 percent reported avoiding using any services from a Strip casino that charges for parking.
MGM's sports betting deals
MGM Resorts International signed a sports betting sponsorship agreement with the NBA in July It was the first professional sports league to have official ties with a legal sports betting house. The deal came just two months after the U.S. Supreme Court overturned a law prohibiting sports betting in most states. In October, MGM became the first gaming company to sign a sports betting partnership with the NHL. In November, MGM became the first gaming company to sign a sports betting partnership with the MLB. Financial terms of Tuesday’s deal and earlier partnerships have not been announced.
Faraday puts Las Vegas land on the market
Nearly two years after Faraday Future bailed on its North Las Vegas auto factory, the company has put its land up for sale. (Michael Quine/Las Vegas Review-Journal)
El Cortez owner Kenny Epstein on running the iconic property
Kenny Epstein, owner of the El Cortez Hotel in downtown Las Vegas, talks about Jackie Gaughan mentorship and answers rumors about bodies in the basement at the mob-era casino. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
LVCVA recommends construction of underground people mover
The Las Vegas Convention and Visitors Authority announced the recommendation for an underground people mover for the convention center. The system would have the potential to expand and connect Downtown and the resort corridor all the way to McCarran. (Michael Quine/ Las Vegas Review-Journal)
LVCVA/Boring Company Press Conference
The Las Vegas Convention and Visitors Authority announced a collaboration with Elon Musk's The Boring Company to develop and operate an autonomous people mover system for the Las Vegas Convention Center District.
International Pizza Expo includes green and gluten free
The International Pizza Expo at Las Vegas Convention Center included companies focused on vegan and gluten free, and plant-based pizza boxes. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
International Pizza Expo kicks off in Las Vegas
The first day of the International Pizza Expo at Las Vegas Convention Center is everything Pizza. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
T-Mobile program aids guests with sensory needs
A program at T-Mobile Arena is designed to provide a more sensory friendly experience for guests.
Photo Booth Expo
Danielle May talks about how Simple Booth transformed her Volkswagen bus into a business.
Nevada Gaming Commission's highest fines
The highest fines assessed by the Nevada Gaming Commission, according to commission Chairman Tony Alamo: 1) Wynn Resorts Ltd., $20 million, 2019 2) CG Technology (then known as Cantor G&W Holdings), $5.5 million, 2014 3) The Mirage, $5 million ($3 million fine, $2 million compensatory payment), 2003 4) Stardust, $3 million, 1985 5) Santa Fe Station, $2.2 million ($1.5 million fine, $700,000 compensatory payment), 2005 6) Las Vegas Sands, $2 million, 2016 7) CG Technology, $1.75 million, 2018 8) CG Technology, $1.5 million (also $25,000 in escrow for underpaid patrons), 2016 9) Caesars Entertainment, $1.5 million, 2015 10) Imperial Palace, $1.5 million, 1989 11) Peppermill Casinos, $1 million, 2014
Tiny Pipe Home vs Shipping Crate
A Tiny pipe home was displayed at the International Builders Show this week in Las Vegas.
Auto repair shortage affects Las Vegas
The auto repair industry is facing a national shortage of workers.
Franchising industry booming
Experts say Las Vegas is a hotbed for the franchise industry.
Crime Videos
Bail denied for former police detective charged with murder
Bail was denied Tuesday for former Metropolitan Police Department detective, Pamela Rene Bordeaux who is accused of fatally shooting her daughter’s ex-husband during supervised visitation with his child.
Third suspect in death of California doctor appears in court
The third and final suspect in the killing of a California doctor, Jon Kennison, 27, appears in court Friday, April 19, 2019. Kennison, Kelsey Nichole Turner, a former model, and Diana Pena, face charges of murder and conspiracy to commit murder. (K.M. Cannon/Las Vegas Review-Journal) @KMCannonPhoto
Richard Cleaves of Pahrump arrested in burglary on former Binion property
Updated press release regarding burglary on a former Binion property: Richard Cleaves, 56 of Pahrump, has been arrested on a warrant for burglary, conspiracy to commit grand larceny, and destruction of property. (Nye County Sheriff's Office)
Judge denies bail for suspect charged in the killing of California doctor
Diana Pena, one of three people charged in the killing of a California doctor, is being held without bail after her fingerprints were found on the car where Dr. Thomas Burchard's body was discovered.
Ex-NFL player and girlfriend held without bail in child’s death
Former professional football player Cierre Wood and his girlfriend, Amy Taylor, face charges of murder and child abuse in the death of Taylor's 5-year-old daughter. (Michael Quine/Las Vegas Review-Journal)
NHP identifies man who was shot by trooper on Mount Charleston
Nevada Highway Patrol updates the media on the April 2, 2019 officer involved shooting on Mount Charleston. (Michael Quine/Las Vegas Review-Journal)
Las Vegas court grants '90 Day Fiancé' defendant continuance
"90 Day Fiance" stars Colt Johnson and his mother Debra left the Las Vegas Justice Center Thursday, after the court granted Larissa dos Santos Lima a continuance in her misdemeanor case, in which she is accused of domestic violence against Colt. (Mat Luschek / Review-Journal)
Details released on in-custody death
Assistant Sheriff Charles Hank addresses media about details of an in-custody death at Clark County Detention Center on March 31. (Rachel Aston/Las Vegas Review-Journal)
Man hurt in shooting with Nevada troopers at Mount Charleston
A man was injured in a shooting involving Nevada Highway Patrol troopers Tuesday afternoon at Mount Charleston on state Route 157 near Echo Trail. (Michael Quine/Las Vegas Review-Journal)
Officer wounds inmate during escape attempt
An officer fired on an inmate who stole a vehicle and tried to flee, ramming several cars and leading officers on a chase until he ran out of gas.
Man fatally shot during a 'beer skip'
A store clerk is being questioned after a man was fatally shot during a robbery at a gas station Friday. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
Las Vegas police give details on fatal shooting
Metro homicide Lt. Ray Spencer gives a briefing on a fatal shooting near downtown Las Vegas that occurred on March 27, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
Las Vegas community pays tribute to boy killed by car
The community joined friends and family at Wilbur & Theresa Faiss Park, Wednesday evening, to remember the boy who was struck and killed by a car crossing South Fort Apache Road from Faiss Park, near West Maule Avenue, on Monday. (Mat Luschek / Review-Journal)
Person of Interest Found For Downtown Las Vegas Bar - Video
Las Vegas Metropolitan Police Department is seeking help to find a person of interest in a potential homicide case at a bar in downtown Las Vegas.
Metro briefs media on OIS near downtown Las Vegas
Police address media about officer-involved shooting that started on Maryland and Vegas Valley, and concluded downtown, near the Golden Nugget.
Update on OIS at Vegas Valley and Maryland
The incident began at the Steinberg Diagnostic Medical parking lot and ended downtown.
Amy And Spencer Powell Recount Hit And Run
Amy Powell and her son Spencer recount the day Spencer was hit by a truck while riding his bike. (Mat Luschek / Review-Journal)
Jeremy Burch of Tonopah arrested in Amarillo, TX
Jeremy Burch of Tonopah was arrested in Amarillo, TX on a Nye County warrant for open murder, burglary, obtaining money under false pretense, use of credit card w/o owner consent, and destruction of evidence. (Nye County Sheriff's Office/Facebook)
Metro Presser For OIS 6 (Full)
Metro police address the officer involved shooting that took place on March 19, 2019.
Metro Presser For OIS 6
Metro police address the officer involved shooting that took place on March 19, 2019.
Domestic disturbance call ends in suicide
A man died by suicide after police tried negotiating with him outside of his ex-girlfriend’s home on March 13. (Michael Quine/Las Vegas Review-Journal) @Vegas88s
20-year-old armed robbery suspect shot by Las Vegas police
A 20-year-old armed robbery suspect shot by a Las Vegas officer on Saturday night is also accused of burglarizing a Boys & Girls Club minutes before the shooting.
Metro briefing on OIS near downtown Las Vegas
Metropolitan Police Department Capt. Kelly McMahill briefs the media on a officer-involved shooting near Ninth Street and Bonanza Road on March 19, 2019. Mike Shoro/Las Vegas Review-Journal)
Man robs restaurant with large kitchen knife
On March 16, 2019, at approximately 6:00 PM, an armed robbery occurred at a local restaurant located near East Charleston and Eastern. The suspect entered the business with a large knife, demanding money from the registers. (Las Vegas Metropolitan Police Department)
Metro Addresses Ois At Bellagio (Full Press Conference)
Las Vegas Metro police address the officer involved shooting that took place on March 15, 2019, at the Bellagio.
Metro Addresses OIS At Bellagio
Las Vegas police address the officer involved shooting that took place on March 15, 2019, at the Bellagio. (Mat Luschek/Las Vegas Review-Journal)
Parents facing murder charges held without bail
Lakeia Walker and Ricky Beasley, the parents of missing 3-year-old Zaela Walker, appeared briefly in North Las Vegas Court on camera from the Clark County Detention Center as they made their first appearance in court.
Metro briefing on OIS at Bellagio
Metro Capt. Nichole Splinter briefs the media on an officer-involved shooting in front of the Bellagio on Friday, March 15, 2019. (Katelyn Newberg/Las Vegas Review-Journal)
DUI Blitz
Metropolitan Police Department Traffic Sergeant David Stoddard discusses a law enforcement “DUI blitz” on Thursday, March 14, 2019, in the Las Vegas Valley. About 100 Metro and Nevada Highway Patrol officers searched the valley for impaired drivers between 5 p.m. Thursday and 3 a.m. Friday. (Katelyn Newberg/ Las Vegas Review-Journal)
Commercial Robbery On 3000 Block Of North Las Vegas Blvd - VIDEO
On February 19th, 2019, at approximately 10:23 am, a robbery occurred to a business located on the 3000 block of North Las Vegas Boulevard. The pictured suspect entered the business, approached the counter and pointed a firearm at the victim demanding money. The victim complied and the suspect fled with an undisclosed amount of money. No injuries were reported.
Alexis Plunkett denied bail
Alexis Plunkett, the jailed Las Vegas defense lawyer enmeshed in a pair of felony cases, will remain behind bars while awaiting trial, a judge decided Thursday. (Mat Luschek /Las Vegas Review-Journal)
Former Bounty Hunter Chases Down Porch Pirate
A would-be thief tried to steal a package from the home of Alex Mazzola. Mazzola, a former bounty hunter, chased after the suspect.
DEA Launches New Program To Combat Opioid Epidemic
The Drug Enforcement Administration is launching a new effort in Nevada to combat the opioid epidemic.
TOP NEWS
Home Front Page Footer Listing