Classy move here....please note the sarcasm.
Wynn sues dealers for legal fees
BY ARNOLD M. KNIGHTLY
Three weeks after the dismissal of a lawsuit brought by two dealers, attorneys for Wynn Las Vegas have filed a motion seeking nearly $75,000 in attorney’s fees.
On Dec. 6, Clark County District Court Judge Douglas Herndon dismissed a class-action suit brought by two resort dealers arguing that the new tip-sharing arrangement was illegal. Herndon is scheduled to hear the motion on the fees on January 29.
Attorneys in the case took diametrically opposite views of the new motion. “I don’t file anything unless I believe in it,” said Wynn attorney Greg Kamer of the firm Kamer Zucker Abbott. “I don’t just file papers that are frivolous because you don’t have any credibility with the courts.”
<TABLE class=adTable width=260 align=right bgColor=#eeeeee><TBODY><TR><TD align=left></TD></TR><TR><TD><SCRIPT language=JavaScript1.1 src="http://ads.stephensmedia.com/js.ng/site=bpress&channel=buspress&size=300x250"></SCRIPT><NOSCRIPT> </NOSCRIPT></TD></TR></TBODY></TABLE>Citing Nevada law, Wynn’s attorneys argue that the two dealers, Daniel Baldonado and Joseph Cesarz, “brought and maintained claims under contract law … without reasonable grounds.”
“It’s vindictive and retaliatory,” said the dealer’s Reno-based lawyer Mark Thierman. “There is no way a court can honestly say this was a bad-faith lawsuit.”
The Wynn motion argues that the lead plaintiffs, Baldonado and Cesarz, pursued the case and should now bear the full cost of the resort’s defense. The two dealers had originally brought the lawsuit before Judge Herndon granted the dealers class action status.
“They brought a lawsuit after the labor commissioner told them they didn’t have a case,” Kamer said, referring to a Sept. 13 letter by the State Labor Commissioner rejecting more than 100 complaints filed anonymously by Wynn dealers. “They could have dropped it at any point in time and they didn’t.”
Kamer adds that there was significant cost to the Wynn Las Vegas after the company “had expended enormous resources to make sure what they did was in fact legal,” prior to the property’s August policy change.
Attempting to recover attorney fees by arguing that a lawsuit was brought “without reasonable grounds” is rare, according to one local attorney with 30 years of litigation experience in Nevada. He thinks it may be hard to recover the money.
“They’re taking a shot at it, but would not necessarily be a high-percentage shot,” said the litigator, adding he had not read the motion. “For whatever it’s worth, I think the chances of them collecting attorney’s fees is pretty slight.
“I’ve seen it happen a few times, but I can’t remember the last one.”
aknightly@lvbusinesspress.com | 702-871-6780 x316
Wynn sues dealers for legal fees
BY ARNOLD M. KNIGHTLY
Three weeks after the dismissal of a lawsuit brought by two dealers, attorneys for Wynn Las Vegas have filed a motion seeking nearly $75,000 in attorney’s fees.
On Dec. 6, Clark County District Court Judge Douglas Herndon dismissed a class-action suit brought by two resort dealers arguing that the new tip-sharing arrangement was illegal. Herndon is scheduled to hear the motion on the fees on January 29.
Attorneys in the case took diametrically opposite views of the new motion. “I don’t file anything unless I believe in it,” said Wynn attorney Greg Kamer of the firm Kamer Zucker Abbott. “I don’t just file papers that are frivolous because you don’t have any credibility with the courts.”
<TABLE class=adTable width=260 align=right bgColor=#eeeeee><TBODY><TR><TD align=left></TD></TR><TR><TD><SCRIPT language=JavaScript1.1 src="http://ads.stephensmedia.com/js.ng/site=bpress&channel=buspress&size=300x250"></SCRIPT><NOSCRIPT> </NOSCRIPT></TD></TR></TBODY></TABLE>Citing Nevada law, Wynn’s attorneys argue that the two dealers, Daniel Baldonado and Joseph Cesarz, “brought and maintained claims under contract law … without reasonable grounds.”
“It’s vindictive and retaliatory,” said the dealer’s Reno-based lawyer Mark Thierman. “There is no way a court can honestly say this was a bad-faith lawsuit.”
The Wynn motion argues that the lead plaintiffs, Baldonado and Cesarz, pursued the case and should now bear the full cost of the resort’s defense. The two dealers had originally brought the lawsuit before Judge Herndon granted the dealers class action status.
“They brought a lawsuit after the labor commissioner told them they didn’t have a case,” Kamer said, referring to a Sept. 13 letter by the State Labor Commissioner rejecting more than 100 complaints filed anonymously by Wynn dealers. “They could have dropped it at any point in time and they didn’t.”
Kamer adds that there was significant cost to the Wynn Las Vegas after the company “had expended enormous resources to make sure what they did was in fact legal,” prior to the property’s August policy change.
Attempting to recover attorney fees by arguing that a lawsuit was brought “without reasonable grounds” is rare, according to one local attorney with 30 years of litigation experience in Nevada. He thinks it may be hard to recover the money.
“They’re taking a shot at it, but would not necessarily be a high-percentage shot,” said the litigator, adding he had not read the motion. “For whatever it’s worth, I think the chances of them collecting attorney’s fees is pretty slight.
“I’ve seen it happen a few times, but I can’t remember the last one.”
aknightly@lvbusinesspress.com | 702-871-6780 x316