Cipriani v. Resorts World Las Vegas, LLC
2:23-cv-01626
| D. Nev. | Oct 23, 2024Background
- Plaintiff Robert J. Cipriani sued Resorts World Las Vegas, LLC (the casino operator) and its former president, Scott Sibella, alleging they either encouraged or failed to prevent harassment against him by another patron, Robert Alexander.
- Cipriani claimed he repeatedly complained to Sibella and management that Alexander (a convicted felon) should not be allowed to gamble, but Resorts World did not remove Alexander.
- On November 19, 2021, Alexander allegedly harassed and video recorded Cipriani while playing blackjack; after another incident, Cipriani took Alexander’s phone and was arrested for larceny.
- Cipriani also previously alleged—then withdrew claims—related to reports of him “past-posting” bets and subsequent police involvement, which the court found relevant to judicial estoppel.
- Defendants moved to dismiss all claims and to strike certain pleadings, including an irrelevant plea agreement submitted by Cipriani relating to Sibella’s later employment.
- The court granted all motions to dismiss and struck certain portions of the complaint, dismissing the entire action with prejudice largely due to judicial estoppel, failures to state cognizable claims, and futility of amendment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Negligence by Resorts World | Resorts World failed to protect Cipriani from Alexander | Cipriani is estopped; in state court he admitted Alexander was removed | Dismissed for estoppel |
| Negligence by Sibella | Sibella, as president, had duty to protect Cipriani | No special relationship/duty, no direct control over events | Dismissed (no duty) |
| Innkeeper Liability (Sibella) | Sibella controlled hotel operations, so liable as innkeeper | Only owners/keepers liable under statute; Sibella not owner/keeper | Dismissed (no standing) |
| Negligent Hiring/Supervision | Sibella controlled hiring and supervision | Sibella was not employer of other employees | Dismissed (implausible) |
| IIED | Defendants failed to act, causing Cipriani distress | Allegations insufficiently severe; distress caused by Alexander | Dismissed |
| Civil Conspiracy | Sibella conspired for personal gain | No underlying tort, intra-corporate doctrine | Dismissed |
| Concert of Action | Letting Alexander harass was inherently dangerous | Not inherently dangerous conduct | Dismissed |
Key Cases Cited
- Hamilton v. State Farm Fire & Cas. Co., 270 F.3d 778 (9th Cir. 2001) (judicial estoppel applies to bar inconsistent positions between cases)
- Turner v. Mandalay Sports Ent., LLC, 180 P.3d 1172 (Nev. 2008) (negligence claim elements defined under Nevada law)
- Sparks v. Alpha Tau Omega Fraternity, Inc., 255 P.3d 238 (Nev. 2011) (special relationship duty required to control third-party conduct)
- Dillard Dep’t Stores, Inc. v. Beckwith, 989 P.2d 882 (Nev. 1999) (elements for IIED claim in Nevada)
- Grondal v. United States, 21 F.4th 1140 (9th Cir. 2021) (judicial estoppel prevents litigant from asserting incompatible positions)