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Las Vegas Sands, LLC v. Nehme, No. 09-16740

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By FindLaw Staff on January 12, 2011 1:15 PM

Action to Recover Gambling Debt

In Las Vegas Sands, LLC v. Nehme, No. 09-16740, an action by a casino to recover a gambling debt, the court reversed summary judgment for plaintiff where the district court abused its discretion in excluding from evidence 1) a letter from one of defendant's attorneys that predated his unpaid marker by seven months and that requested, on defendant's behalf, that plaintiff cancel and not renew, under any circumstances, his credit line; and 2) a U.S. Postal Service return receipt, dated three days after the letter, that recited someone at plaintiff may have received the attorney's letter before defendant signed the marker.


As the court wrote:  "A marker is a gambling credit instrument that allows a gambler to receive all or part of the credit line the casino has approved for him, based on the gambler's prior credit application with the casino. Once the gambler and a casino representative sign the marker, the gambler may exchange the marker for gambling tokens, or chips. If the gambler does not pay the marker when he has finished gambling, the marker is outstanding and the casino may later submit the marker, like a check, to the gambler's bank for payment."

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