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Labarbera v. Wynn Las Vegas, LLC

Nevada Supreme Court
422 P.3d 138 (2018)

Written by Rich Walter, JD

Facts

Mario Labarbera (defendant), an Italian businessman who spoke no English, spent several days running up heavy gambling losses at a Nevada casino owned by Wynn Las Vegas, LLC (Wynn) (plaintiff). Labarbera’s losing streak lasted so long because Wynn kept extending Labarbera short-term loans in the form of casino markers worth over one million dollars. Labarbera signed all of these markers. When Labarbera failed to make good on the markers, Wynn had him arrested and charged with breach of contract. In Labarbera’s deposition, Labarbera claimed that throughout his stay at the casino, waiters kept bringing him drinks he did not order, he was drunk whenever he gambled, and his heavy drinking caused him to vomit in public on one occasion. The trial court granted Wynn’s motion in limine to exclude any evidence of Labarbera’s intoxication or any argument based on that evidence. Labarbera appealed to the Nevada Supreme Court.

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Holding and Reasoning (Hardesty, J.)

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