New Lawsuits
Class Action Filed Against Dollar Thrifty Automotive Group and DTG Operations Inc
Mark Albright on behalf of class plaintiffs recently filed a class action complaint for Walter Schenker on behalf of himself and all others similarly situated against Dollar Thrifty Automotive Group and DTG Operations Inc (Case No. A577155) alleging deceptive trade practices by rental car agencies at McCarran International Airport for improperly calculating a 4 percent vehicle license fee for renting cars from the airport. Plaintiffs allege that Dollar Thrifty is required to exclude from the calculation the amount of any concession fee or charge that the car rental company is required to pay to do business at the airport and that the defendants do not exclude this amount when determining the license fee for cars rented at the Las Vegas Airport locations.
Harrah’s hit with class-action lawsuit over debt plan
By Steve Green
Published Mon, Feb 16, 2009 (3:18 p.m.)
Updated Mon, Feb 16, 2009 (3:50 p.m.)
Add Harrah’s Entertainment Inc. to the list of Las Vegas gaming companies facing class-action lawsuits filed by securities lawyers.
Harrah’s was sued last month in U.S. District Court in Delaware by two bondholders who claim a recent debt-exchange deal engineered by Harrah’s benefited some big corporate bondholders while placing other classes of bondholders in jeopardy, should Harrah’s default on its debt or file for bankruptcy protection.
Harrah’s is "on the verge of bankruptcy, debt default and other events of insolvency," the lawsuit charges.
"In an effort to ensure that only a limited class of individuals and entities reap the rewards of their debt investments in Harrah’s to the detriment of other investors, defendants have completed bond tender offers that benefit those select individuals and entities to the exclusion of all others. Without any lawful justification for cherry-picking among its investors, defendants’ bond tender offers have allowed those elite individuals and entities to obtain newly-issued bonds that will take priority over and otherwise subordinate previously-issued bonds of the exact same category," the lawsuit states.
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Station Casinos sued over reorganization plan
Lawsuit claims debt-reduction plan would harm bondholders
By Steve Green
Fri, Feb 13, 2009 (6:10 p.m.)
Two of the attorneys who sued Station Casinos Inc. three years ago over the company’s deal to go private are going after Station again, this time over Station’s plan to get rid of its high-cost debt and reorganize in bankruptcy court.
Las Vegas lawyers G. Mark Albright and Martin Muckleroy filed suit Thursday in U.S. District Court in Las Vegas on behalf of bondholder S. Blake Murchison, alleging Station’s debt-reduction plan would harm many of the company’s bondholders. They are seeking class-action status for the suit in order to represent all the bondholders they say are not getting treated fairly by Station.
"In the face of Station Casinos’ near-certain bankruptcy, debt default and other events of insolvency, the defendants are trying to avoid debt obligations they owe to a large portion of their corporate bond holders, including the plaintiff,’’ the lawsuit says. "The scheme the ... defendants have created is a bond-exchange offer, which gives a limited number of Station Casinos’ bond holders the opportunity to obtain new bonds which will subordinate the existing bonds during an event of bankruptcy. Station Casinos’ bond holders to whom the ... defendants have unilaterally chosen not to offer bond exchanges are left holding the short end of the stick and face the imminent threat that their investments in -- and contracts with -- Station Casinos will not be honored during a liquidation process.’’
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Las Vegas Sands directors hit with shareholder lawsuit
By Steve Green
Published Wed, Jan 28, 2009 (2:10 a.m.)
Updated Wed, Jan 28, 2009 (9:29 a.m.)
Veteran securities fraud attorney Marc Henzel has filed a lawsuit against Sheldon Adelson and the other Las Vegas Sands Corp. directors, alleging they failed to properly oversee the casino-resort giant and are responsible for a huge decline in the value of its stock.
Henzel, who is based in Pennsylvania, teamed with
Las Vegas attorneys G. Mark Albright and Martin Muckleroy to file the suit Jan. 16 in Clark County District Court on behalf of shareholder Caleb Hartmann against the board of directors: Adelson (chairman of the board and chief executive), Irwin Chafetz, Charles Forman, George Koo, Michael Leven, James Purcell, Irwin Siegel and William Weidner.
This is a "derivative" lawsuit in which the attorneys are seeking approval to have Hartmann sue on behalf of Las Vegas Sands Corp. against its own directors.
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Notable 2009 Cases
S. Blake Murchison
v.
Station Casinos Inc.; Fertitta Colony Partners L.L.C.; Fertitta Partners L.L.C.; Colony Capital L.L.C.; Frank Fertitta I I I; Lorenzo Fertitta; Thomas J. Barrack Jr.; Jonathan H. Grunzweig; James Nave; Thomas Friel; Scott Nielson; Kevin Kelley
2/12/2009 2:09-cv-00293-KJD-GWF
(Las Vegas)
Alimak Hek v. Republic Tower and Hoist; A578256; Contract action; Defendant failed to pay the remaining $2.7 million for six construction hoists utilized at the Echelon construction project on the Las Vegas strip. Plaintiffs successfully obtained a writ of possession for return of the construction equipment after the project was placed on hold.
Dr. Kevin Windisch, v. Hometown Health Plant Inc.; Hometown Health Partners, Benefit Administrators Inc: Hometown Health Providers Insurance Co Inc. ; filed December 19, 2008, USDC Nevada, 3:08-CV-00664;
Plaintiffs brought class action on behalf of physicians and health care groups alleging insurers systematically deny reimbursement to health care providers who have provided medically necessary covered services. Plaintiffs allege insurers routinely and unjustifiably refuse to pay for or reduce payment for such services.
Edmond Murry
v.
Shay Head; Mike Head; Designer Fans And Lighting L.L.C.
1/28/2009 a581234
Contract action. Defendant defaulted on a loan.
Club Vista Financial Services; Tharaldson Motels II Inc.; Gary Tharaldson
v.
Scott Financial Corp.; Bradley Scott; Bank Of Oklahoma; Gemstone Development West; Asphalt Products Corp.; Apco Construction
1/13/2009 a579963
Fraud complaint centering on a $150 million real estate loan for the construction of the Manhattan West project. Plaintiffs recently discovered fraud involving the loan, and seek to have the agreement terminated. Plaintiffs allege the loan documents are not legally binding.
Ana Aguirre De Diaz; Fatima Diaz
v.
Summerlin Hospital Medical Center; Valley Health System; Kara May R.N.; Summerlin Hospital Medical Center; Valley Health System; Jasmine Tinana; Summerlin Hospital Medical Center; Valley Health System; Amy Kim; Summerlin Hospital Medical Center; Valley Health System; Teresa Malto; Summerlin Hospital Medical Center; Valley Health System
1/14/2009 a580077
Medical malpractice action. Plaintiff suffered second-degree burns to her hand when defendants allowed a caustic substance to leak from her IV.
Taser International Inc. v. Stinger Systems Inc.; James Mc Nulty; Robert Grunder
2/11/2009 2:09-cv-00289
(Las Vegas)
Securities complaint. Taser International accuses its competitor, Stinger Systems Inc., of an "ongoing plot" to damage its reputation through "fraudulent and misleading press releases" and "defamatory 'whisper campaigns.'" The efforts not only damaged plaintiff's reputation, but also artificially manipulated stock prices.
Festival Sports Inc. v. Reno Sparks Convention & Visitors Authority
2/10/2009 2:09-cv-00277-JCM-RJJ
(Las Vegas)
Plaintiff says the Reno Sparks Convention & Visitors Authority tried to prevent it from relocating its volleyball tournament to Phoenix by falsely informing Phoenix officials that a letter of intent between plaintiff and the visitors' authority was a binding agreement.
Law Office of Albright Stoddard Warnick & Albright Representing Clients Exposed to Hepatitis and HIV at Endoscopy Center of Southern Nevada
Southern Nevada Health District advising patients who received injected anesthesia medication at Las Vegas facility in recent years to be tested immediately
Las Vegas, Nev. (Martindale-Hubbell Newswire/PRWeb) – March 11, 2008 – The Law Office of Albright Stoddard Warnick & Albright is accepting new clients who may have been exposed to Hepatitis B, Hepatitis C or HIV due to the admitted negligence of the Endoscopy Center of Southern Nevada, under the direction of Dr. Dipak Desai.
The Southern Nevada Health District is advising patients who received injected anesthesia medication at the Endoscopy Center of Southern Nevada, located at 700 Shadow Lane in Las Vegas, during the time period of March 2004 and January 11, 2008, to be immediately tested for Hepatitis B, Hepatitis C and HIV. It is recommended that patients contact their primary care physicians or health care providers to schedule the appropriate tests.
Litigation in Clark County District Court has already commenced for the six identified cases in this matter, although it is thought that as many as 40,000 individuals may have been exposed and therefore infected. The spouses and families of those infected with Hepatitis B and HIV are also at risk. The attorneys at Albright Stoddard Warnick & Albright anticipate that the Courts will allow a class action in this matter, possibly becoming the largest medical malpractice case in Nevada.
Albright Stoddard Warnick & Albright’s commitment to its new clients is to walk them through the litigation process, to provide them with updated information as it is received, and to ensure that their rights are protected. In the event class action is allowed by the Courts, the firm will ensure that its clients become included as a party.
It is highly recommended, if anyone feels they have been exposed, to immediately contact their health care provider to schedule testing. If any patient is uninsured, or does not have the financial means for testing, they should advise Albright Stoddard Warnick & Albright and the firm will make arrangements for the testing.