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Mark Myers v. Casino Queen, Inc.
2012 U.S. App. LEXIS 17543
| 8th Cir. | 2012
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Background

  • Myers sued Casino Queen in Missouri state court for negligence and premises liability; case removed to the Eastern District of Missouri.
  • Casino Queen operates a gambling/hotel facility in East St. Louis, Illinois, with extensive Missouri-targeted advertising.
  • Casino Queen directed marketing at Missouri residents, including direct mail, stadium exposure, shuttle service, and political contributions in Missouri.
  • Myers, a Missouri resident, had prior contact with Casino Queen (ads, visiting Party Porch at Busch Stadium, patronizing the casino).
  • On April 12, 2009, Myers gambled at Casino Queen, won about $17,500, and was followed after leaving; two individuals beat and robbed him back in Missouri.
  • Casino Queen allegedly had protective measures for large wins and was aware of prior follow-home robberies; video evidence captured the follow behavior.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Long-arm statute reach Myers: foreseeability of Missouri consequences satisfies §506.500(3). Casino Queen: only deliberate design fits long-arm reach. Long-arm reach satisfied; foreseeability supports jurisdiction.
Due process analysis Myers: minimum contacts and fair play satisfied by targeting Missouri residents. Casino Queen: due process not satisfied unless minimum contacts are present under a proper standard. Specific jurisdiction comports with due process under five-factor test; Missouri contacts sufficient.

Key Cases Cited

  • Bryant v. Smith Interior Design Grp., Inc., 310 S.W.3d 227 (Mo. 2010) (two-step inquiry for long-arm and due process)
  • Hollinger v. Sifers, 122 S.W.3d 112 (Mo. Ct. App. 2003) (deliberate design not required for all extraterritorial torts)
  • Noble v. Shawnee Gun Shop, Inc., 316 S.W.3d 364 (Mo. Ct. App. 2010) (foreseeability-based approach to cross-border torts)
  • Nowak v. Tak How Invs., Ltd., 94 F.3d 708 (1st Cir. 1996) (relate-to standard and flexibility in jurisdiction analysis)
Read the full case

Case Details

Case Name: Mark Myers v. Casino Queen, Inc.
Court Name: Court of Appeals for the Eighth Circuit
Date Published: Aug 21, 2012
Citation: 2012 U.S. App. LEXIS 17543
Docket Number: 12-1027
Court Abbreviation: 8th Cir.