Appeals Court Upholds Ruling Dismissing Lawsuit Against Steve Wynn
The former CEO of famed US gambling company Wynn Resorts is in the legal clear in one matter, for now. The Ninth Circuit Court of Appeals affirmed the trial court ruling in a Steve Wynn RICO (Racketeering Influenced and Corrupt Organizations) lawsuit.
The court agreed with the finding that the plaintiff inadequately substantiated her claims. The Ninth’s ruling won’t be the final word on the matter, however.
The plaintiff has already indicated she plans to ask the United States Supreme Court to review the case. Whether she will be able to convince the Court to respond to her petition, much less successfully overturn the prior decision.
Steve Wynn’s RICO lawsuit moves onto Washington, DC
The Supreme Court of the United States (SCOTUS) will now at least have to decide whether to consider an appeal of the claims of Angela Limcaco. Last year, Limcaco appealed her case to the Ninth, arguing the trial court erred in its dismissal of her claims.
At the center of her claims is that Wynn and others took part in an organized scheme. A scheme intended to protect Wynn from a separate wrongful termination lawsuit.
Limcaco filed that lawsuit against Wynn Resorts and Wynn himself. Limcaco is a former Wynn employee who claims the company fired her after reporting Wynn for alle ged sexual harassment of another employee.
In upholding the trial court’s ruling, the panel of three judges did not determine that Wynn is innocent of the allegations Limcaco has made. Rather, the judges determined Limcaco failed to establish her standing for damages.
Furthermore, the decision found fault with her arguments that there was collusion against her. And that Wynn took part to the extent necessary to continue with the case.
That will frame the argument that Limcaco’s representation will make to SCOTUS for review of the case.
Will SCOTUS take up the case?
Jordan Matthews, who has been representing Limcaco, demonstrated resolve to Richard N. Velotta of the Las Vegas Review-Journal on Thursday.
We are not deterred by the recent ruling by the US Court of Appeals for the Ninth Circuit, Matthews said. Similar to the Department of Justice, which recently brought claims against Steve Wynn and Tom Barrack (a former adviser to President Donald Trump), and which recently filed an appeal in the matter against Steve Wynn for his alleged violation of the Foreign Agents Registration Act, we will continue to vigilantly protect our client’s rights and will continue to bring tough cases. We look forward to addressing this matter with the United States Supreme Court.
Limcaco filed her notice of appeal on Wednesday but it will be some time before the petition to SCOTUS detailing why the Ninth erred in its decision gets filed.
It’s important to note that the next step in the case is not to substantiate Limcaco’s claims against Wynn. But rather to convince SCOTUS that the Ninth acted improperly enough to warrant a review.
That’s inherently a high bar to clear as SCOTUS rejects most of the petitions for review of civil claims it receives each year. Barring acceptance of that petition, this RICO action against Wynn is over.