Comments on: The intoxication defense http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/ Writing, Speaking, and Consulting | Las Vegas, Gambling, and More | Formerly DieisCast.com Sat, 04 Feb 2012 09:11:15 +0000 hourly 1 http://wordpress.org/?v=3.3.1 By: Paul M Burgess http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/comment-page-1/#comment-62873 Paul M Burgess Thu, 20 Aug 2009 14:49:55 +0000 http://www.dieiscast.com/?p=2211#comment-62873 Many interesting comments, It's important to note that Watanabe's case is a criminal prosecution- there is no 'winning his lawsuit' as a possible outcome. It will be interesting to see if the DA can prove criminal intent when Terry paid back 97 million and is simply broke. Casinos have to pursue these debts because courts have ruled that markers be taxed as revenue even if they are uncollected. As to Jenn's comments: I'm researching that very topic for a scholarly article. It seems that 'involuntary intoxication' is the key to a contract defense. Terry's trial is scheduled for November. Personally, I wish him the best. Many interesting comments,

It’s important to note that Watanabe’s case is a criminal prosecution- there is no ‘winning his lawsuit’ as a possible outcome. It will be interesting to see if the DA can prove criminal intent when Terry paid back 97 million and is simply broke.

Casinos have to pursue these debts because courts have ruled that markers be taxed as revenue even if they are uncollected.

As to Jenn’s comments: I’m researching that very topic for a scholarly article. It seems that ‘involuntary intoxication’ is the key to a contract defense.

Terry’s trial is scheduled for November. Personally, I wish him the best.

]]> By: Jenn http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/comment-page-1/#comment-62557 Jenn Fri, 05 Jun 2009 16:21:23 +0000 http://www.dieiscast.com/?p=2211#comment-62557 I may be wrong, but don't you have to sign some type of contract to get a marker? Also, aren't contracts null and void if it is found out later that the person signing them is incapacitated? I really don't know much about makers, having never taken one out but I would think that whenever money is handed over to someone and expected to be paid back that something in writing would have to be signed. Not that I condone what the man has done, just thinking about the logistics. I may be wrong, but don’t you have to sign some type of contract to get a marker? Also, aren’t contracts null and void if it is found out later that the person signing them is incapacitated? I really don’t know much about makers, having never taken one out but I would think that whenever money is handed over to someone and expected to be paid back that something in writing would have to be signed. Not that I condone what the man has done, just thinking about the logistics.

]]> By: FoolsGold http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/comment-page-1/#comment-62524 FoolsGold Thu, 21 May 2009 00:57:35 +0000 http://www.dieiscast.com/?p=2211#comment-62524 An uphill battle for sure. Surveillance tapes and internal bar records may show number of drinks served. It might be a bit difficult to determine degree of sobriety from a video tape. I've heard that Benny Binion was the first to offer free drinks in the casino. I believe drinks are banned in UK casinos and that some states ban free drinks or extremely low-cost drinks in casinos. An uphill battle for sure.
Surveillance tapes and internal bar records may show number of drinks served. It might be a bit difficult to determine degree of sobriety from a video tape.

I’ve heard that Benny Binion was the first to offer free drinks in the casino. I believe drinks are banned in UK casinos and that some states ban free drinks or extremely low-cost drinks in casinos.

]]> By: Erik http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/comment-page-1/#comment-62522 Erik Wed, 20 May 2009 20:07:28 +0000 http://www.dieiscast.com/?p=2211#comment-62522 It's about time for Slots-of-Fun to build a skyrise hotel and a bridge to The Riviera. :>)) Which reminds me how Westward Ho built a cool addition (with casino, bar, Karaoke stage, convenience store, gas station, and a little restaurant) on their back property facing Industrial (around 2005). It was an easy place to get in and out of (parking wise), but was only open for (it seems) 11 months. They must have gotten a pretty good sale offer. That might be one of the shortest lifespans ever for a new casino space. All-in-all, it was about as big as the Wild West Casino. So long Ho. I wonder when Slots of Fun will bite the dust. It's strange to see it still surviving as one of the last Neon Casinos. It’s about time for Slots-of-Fun to build a skyrise hotel and a bridge to The Riviera. :>))

Which reminds me how Westward Ho built a cool addition (with casino, bar, Karaoke stage, convenience store, gas station, and a little restaurant) on their back property facing Industrial (around 2005).

It was an easy place to get in and out of (parking wise), but was only open for (it seems) 11 months.

They must have gotten a pretty good sale offer.

That might be one of the shortest lifespans ever for a new casino space. All-in-all, it was about as big as the Wild West Casino.

So long Ho. I wonder when Slots of Fun will bite the dust. It’s strange to see it still surviving as one of the last Neon Casinos.

]]> By: dave202 http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/comment-page-1/#comment-62521 dave202 Wed, 20 May 2009 18:51:33 +0000 http://www.dieiscast.com/?p=2211#comment-62521 I was also reminded of the Leonard Tose case. I'm not sure if the defense called the employees however. That will be an interesting twist in this case. So many dealers are angry at management these days. Might be a good way to get back at them. Sad. I was also reminded of the Leonard Tose case. I’m not sure if the defense called the employees however. That will be an interesting twist in this case. So many dealers are angry at management these days. Might be a good way to get back at them. Sad.

]]> By: Paul Shanahan http://www.dgschwartz.com/2009/05/18/the-intoxication-defense/comment-page-1/#comment-62519 Paul Shanahan Tue, 19 May 2009 07:30:53 +0000 http://www.dieiscast.com/?p=2211#comment-62519 This is a bizarre and depressing story. Mr. Watanabe is going to have a tough time winning his lawsuit. An older gentleman I used to work with told me about his nephew who inherited around $40 million dollars. He said his nephew inherited the millions in his early 20's and used to drink, do drugs, etc. and has been in rehab a couple of times to get rid of his vices. This story has a happy ending though. On his 40th birthday he hired the band Kiss to play for him and his friends in his backyard. I guess if you have a ton of money Kiss will perform for you anywhere, anytime. This is a bizarre and depressing story. Mr. Watanabe is going to have a tough time winning his lawsuit.

An older gentleman I used to work with told me about his nephew who inherited around $40 million dollars. He said his nephew inherited the millions in his early 20′s and used to drink, do drugs, etc. and has been in rehab a couple of times to get rid of his vices.

This story has a happy ending though. On his 40th birthday he hired the band Kiss to play for him and his friends in his backyard. I guess if you have a ton of money Kiss will perform for you anywhere, anytime.

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