No one can ever fully compensate the victims and their families of the Oct. 1 killings. The person directly responsible for this heinous crime is dead. His estate has been and will be used to provide some monetary relief, but that is really not enough. The hurt — medical, physical and psychological — will never go away completely.
From whom should these victims seek redress, even if only in money? That is the job of the lawyers who make that determination when anticipating litigation. While the venue would be in Clark County for these actions, multiple cases would be filed. If not consolidated, each would be individually heard by a judge or jury, and the verdict would be subject to appeal. We’re talking four to five years, with each action reviving the memory of those tragic events.
There is a legal action known as declaratory judgment. It is a method to simplify the litigation and provide a manner in which multiple cases can be resolved in a relatively short time period.
I don’t know if MGM has used that terminology, but whatever the decision involving its lawsuit, it will be appealed. Not only will that save multiple trials that might find MGM liable, with each of those decisions subject to appeal. And if MGM loses this, no other trial would be required other than to show the individual loss. No liability issue. The only question remaining would be: How much?
If MGM wins, as I understand the company’s position, the possible liability would pass to the company specifically hired to provide security for the event. The individual actions contemplated would still be available, without contribution from MGM.
In my opinion, after more than 60 years as a civil litigator (not in Nevada), MGM’s action benefits MGM, but also those who seek and are due compensation.