Justia Massachusetts Supreme Court Opinion Summaries

Articles Posted in Gaming Law
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The Supreme Judicial Court held that an agreement entered into between Plaintiff Anthony Gattineri and Defendants Wynn MA, LLC and Wynn Resorts, Limited (collectively, Wynn) in San Diego California (the San Diego agreement) was unenforceable for reasons of public policy.Wynn entered into an option contract with FBT Everett Realty, LLC (FBT) to purchase a parcel of property. As Wynn's application for a casino license proceeded, the Massachusetts Gaming Commission discovered that there was a possibility of concealed ownership interests in FBT by a convicted felon with organized crime connections. In response, FBT lowered the purchase price for the parcel. The Commission approved the amended option agreement. Gattineri, a minority owner of FBT, opposed the price reduction and refused to sign the certificate required by the Commission. Gattineri alleged that at the San Diego meeting Wynn had agreed to pay Gattineri an additional $19 million in exchange for Gattineri signing the certificate. After the Commission awarded Wynn a casino license Gattineri brought suit claiming breach of the San Diego agreement because Wynn never paid Gattineri the promised $19 million. The Supreme Judicial Court held (1) the agreement was deliberately concealed from the Commission and inconsistent with the terms approved by the Commission; and (2) enforcement of such a secret agreement constituted a clear violation of public policy. View "Gattineri v. Wynn MA, LLC" on Justia Law

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The Supreme Judicial Court affirmed in part and reversed in part the judgment of the superior court dismissing FBT's claim against the Massachusetts Gaming Commission alleging intentional interference with a contract and granting summary judgment on the remaining regulatory taking claim, holding that summary judgment on the regulatory takings claim was improper.Plaintiff brought this suit against the Commission alleging various claims including tortious interference with contract and a regulatory taking after the Commission refused to allow Plaintiff to receive a "casino-use premium" on the sale of a parcel of land in Everett. The superior court dismissed the tortious interference claim and granted summary judgment on the regulatory takings claim. The Supreme Judicial Court reversed the grant of summary judgment on the regulatory takings claim, holding that there were material disputed facts at issue precluding summary judgment. View "FBT Everett Realty, LLC v. Massachusetts Gaming Commission" on Justia Law

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In this proposed class action suit challenging the rules of blackjack at the Encore Boston Harbor Casino the Supreme Judicial Court affirmed the order of the superior court judge granting the motion to dismiss brought by MGM Blue Tarp Redevelopment, LLC (MGM), holding that the rules authorized MGM to offer 6:5 payout blackjack.The Encore Boston Harbor Casino was operated by Wynn Resorts Holdings, LLC, Wynn MA, LLC, and Wynn Resorts, Ltd. (Encore). Plaintiffs, the gamblers challenging the rules of the game, sued Encore and MGM, contending that there were entitled to three dollars for every two dollars bet (3:2) instead of the six dollars for every five dollars bet (6:5) that they received when playing at tables requiring smaller bets. Plaintiffs argued that the Massachusetts Gaming Commission's blackjack rules did not clearly authorize payouts of 6:5 except with games played by dealing rules different from those used at Plaintiffs' tables. The superior court allowed MGM's motion to dismiss. The Supreme Judicial Court affirmed, holding that Plaintiffs understood the rules and the stakes and that deference was due to the Commission's interpretation of its blackjack rules. View "DeCosmo v. Blue Tarp Redevelopment, LLC" on Justia Law

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In 2014, the Massachusetts Gaming Commission awarded a gaming license to Wynn MA, LLC. An unsuccessful applicant for the license (the company), the city that would have hosted the unsuccessful applicant, a labor union, and individual citizens (collectively, Plaintiffs) filed two complaints alleging numerous defects in the Commission’s process for awarding the license. The Commission moved to dismiss both complaints. The superior court allowed the motions on all but one count of one of the complaints, permitting only the company’s claim for certiorari review to survive. The Supreme Court affirmed in part and reversed in part the judge’s allowance of the Commission’s motion to dismiss, holding (1) the motion judge correctly dismissed the company’s claim under Mass. Gen. Laws ch. 30A, 14; (2) the judge correctly found that certiorari review of the licensing decision was available; (3) the city and the union lacked standing to assert their certiorari and declaratory judgment claims; and (4) the individual plaintiffs plausibly stated a claim for relief under the open meeting law. Remanded. View "City of Revere v. Massachusetts Gaming Commission" on Justia Law

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Eugene McCain filed an initiative petition that sought to amend Mass. Gen. Laws ch. 23K to authorize the Gaming Commission to award one additional license for a slot machine parlor. The Attorney General certified the petition. Plaintiffs, ten registered voters and residents of Suffolk County, brought an action against the Attorney General and the Secretary of the Commonwealth, contending that the petition violated tw restrictions set forth in Article 48 of the Amendments to the Massachusetts Constitution, which sets forth certain standards for initiative petitions. The Supreme Judicial Court denied relief, holding that the petition did not violate Article 48’s restrictions and was therefore properly certified by the Attorney General. View "Bogertman v. Attorney General" on Justia Law

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Plaintiffs, ten Massachusetts voters, submitted for certification an initiative petition that sought to prohibit casino and slots gambling that had been made legal under the Expanded Gaming Act of 2011 and to abolish parimutuel wagering on simulcast greyhound races. The Attorney General declined to certify the petition for inclusion on the November Statewide election ballot, concluding that it did not meet the requirements set forth in article 48 of the Amendments to the Massachusetts Constitution. Plaintiffs filed a complaint “for relief in the nature of mandamus” seeking an order compelling the Attorney General to certify the petition. The Supreme Judicial Court granted the requested relief, holding that the Attorney General erred in declining the certify the initiative petition, as it satisfied the requirements of article 48. View "Abdow v. Attorney Gen." on Justia Law