Casino wins compulsive gambling appeal

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Caesar’s Riverboat Casino, LLC (Caesar’s) filed suit in Harrison Circuit Court alleging that Genevieve M. Kephart (Kephart) failed to provide funds to cover checks written while gambling at Caesar’s establishment. Kephart countersued alleging that Caesar’s took advantage of her pathological gambling condition to unjustly enrich itself. Caesar’s filed a Trial Rule 12(B)(6) motion on Kephart’s counterclaim. The trial court denied Caesar’s motion and Caesar’s appeals.

Conclusion (slip op. at 2): Concluding that Indiana’s common law does not provide Kephart a private cause of action in negligence against Caesar‟s in the form of a counterclaim, we reverse.

Key Analysis (slip op. at 14, 15): While Caesar’s actions in allowing her to write six checks totaling $125,000 are extremely concerning and should be examined . . . Kephart has a responsibility to protect herself from her own proclivities and not rely on the casino to bear sole responsibility for her actions. . . One may argue that the statutory framework does not provide enough protections for compulsive gamblers, but that argument is more properly addressed to the (Indiana Gaming) Commission or to the General Assembly.

About Bose McKinney & Evans LLP

Bose McKinney & Evans LLP is a business law firm, headquartered in Indianapolis, Indiana, serving both publicly held and privately held businesses, governmental entities and high-growth industries. Our clients include Fortune 100 companies, international manufacturers, national and regional financial institutions, agribusinesses, sports teams, university-incubated start-ups, media, utilities, cities and schools, to name a few. We strive to build strong relationships with our clients as key business advisors, to exceed expectations in the quality of our work, to be knowledgeable about our clients’ businesses and sectors, to be responsive to service needs and to continually seek to improve the delivery of client services. Our ultimate focus is on our clients.
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