Nevada
Nevada high court ends casino mogul Steve Wynn’s defamation suit against The Associated Press
LAS VEGAS (AP) — The Nevada Supreme Court on Thursday ended a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press in 2018, rejecting his bid for a jury to hear his claim that he was defamed by an AP story about two women who alleged Wynn committed sexual misconduct.
The seven-member court upheld a February ruling by a three-judge panel that cited the state’s anti-SLAPP law, or “strategic lawsuits against public participation, that blocks lawsuits filed to intimidate or silence critics.
That ruling said anti-SLAPP statutes “were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest.”
In what the unanimous full court said was an effort to clarify the law, Justice Ron Parraguirre wrote that Wynn, as a public figure, needed to show “clear and convincing evidence to reasonably infer that the publication was made with actual malice.”
“The public had an interest in understanding the history of misconduct alleged to have been committed by one of the most recognized figures in Nevada,” the opinion said, “and the article directly relates to that interest.”
Attorneys who represent Wynn personally and those who handled the case did not respond to email and telephone messages seeking comment.
“The Associated Press is very pleased with the Nevada Supreme Court’s decision,” Lauren Easton, AP vice president of corporate communications, said in a statement.
The AP plans to seek reimbursement for legal costs through a lower court.
Dominic Gentile, a veteran Nevada lawyer well-known for his work in First Amendment law, said the ruling “will make it even more difficult for a public figure to bring an action over expressive conduct.”
“In most cases, the standard is ‘a preponderance of evidence’ that a lawsuit is being brought to stifle speech,” he said. “This case has taken that and raised the bar for someone who is a public figure to not get thrown out of court.”
Gentile has been an attorney in the state since 1979 and has taught at the University of Nevada, Las Vegas Boyd School of Law. Malice, he said, means “you know it’s false or you didn’t do enough to determine that it was.”
Wynn, now 82 and living in Florida, is the billionaire developer of a luxury casino empire in the U.S. and the Chinese gambling enclave of Macao. He has consistently denied sexual misconduct allegations, which were first reported in January 2018 by the Wall Street Journal.
He resigned as CEO of Wynn Resorts Ltd. after the reports became public, divested company shares and quit the corporate board. Last year, he cut ties to the industry he helped shape in Las Vegas, agreeing with Nevada gambling regulators to pay a $10 million fine, with no admission of wrongdoing.
In a flurry of settlements in 2019, the Nevada Gaming Commission fined Wynn’s former company a record $20 million for failing to investigate claims of sexual misconduct made against him before he resigned. Massachusetts gambling regulators fined the company and a top executive $35.5 million for failing to disclose while applying for a license for a Boston-area resort that there had been sexual misconduct allegations against Wynn.
Wynn Resorts agreed in November 2019 to accept $20 million in damages from Wynn and $21 million more from insurance carriers on behalf of current and former employees of Wynn Resorts to settle shareholder lawsuits accusing company directors of failing to disclose misconduct allegations.
Those agreements also included no admission of wrongdoing.
Wynn filed his defamation lawsuit in April 2018 against AP, one of its reporters and one of the women, Halina Kuta. Kuta filed claims to police that Wynn raped her in the 1970s in Chicago and that she gave birth to their daughter in a gas station restroom.
Neither accuser was identified in the AP report. Their names and other identifying information were blacked out in documents obtained by AP under a public records request. Las Vegas police refused to provide additional details and said too much time had elapsed since Kuta said the events occurred in 1973 or 1974. No charges were ever filed against Wynn.
The AP typically does not publish names of people who say they are victims of sexual assault, but Kuta agreed to be named in later news reports.
Wynn attorneys argued that the article, which cited police documents, failed to fully describe elements of Kuta’s account that would have cast doubt on her allegation.
A trial court judge later ruled that Kuta defamed Wynn with her claims, which the judge termed “totally fanciful,” and awarded Wynn a nominal $1 in damages.
Copyright 2024 Associated Press. All rights reserved.
Nevada
Nevada Supreme Court upholds Las Vegas judge ruling siding with Backstreet Boys’ Nick Carter in part of sex assault lawsuit
LAS VEGAS (KLAS) — The Nevada Supreme Court ruled Tuesday that Backstreet Boys’ Nick Carter can go forward with his countersuit against a woman who accused him of sexually assaulting her after a concert in 2001.
The ruling, filed Tuesday, Nov. 27, comes more than a year after Judge Nancy Allf denied an anti-SLAPP motion filed by Shannon “Shay” Ruth. The anti-SLAPP law, which stands for strategic lawsuits against public participation, is intended to prevent one party from intimidating another in the legal process.
Ruth was part of a 2022 lawsuit that claimed Carter sexually assaulted several young women in the early 2000s. Ruth claimed in the lawsuit that she was 17 years old when Carter, who was 21 at the time, gave her alcohol, raped her, and threatened her if she told anyone, documents said.
In February 2023, Carter filed a countersuit against Ruth and another woman named Melissa Schuman, who claimed he assaulted her in the early 2000s, however, the statute of limitations in that case expired before charges could be filed.
Carter denied both accusations. His countersuit against the women claimed defamation, civil conspiracy, abuse of process and intentional interference with contractual relations.
In August 2023, Allf denied the anti-SLAPP motion filed by Ruth. Ruth then filed an appeal which brought the case to the Nevada Supreme Court in an attempt to overturn Allf’s decision.
On Tuesday, the court affirmed Allf’s decision, meaning Carter can go forward with his countersuit.
According to the ruling, Carter produced affidavits from several witnesses that, if true, show that the assault Ruth described could not have happened.
Ruth said she met Carter in an autograph line after a Backstreet Boys concert, however witness affidavits state that Carter and the rest of the band left the venue right after the show and there were no autograph lines after that concert, the ruling stated.
Additional affidavits from the band’s security detail said the band, including Carter, performed a “quick out” after the concert in question, meaning the band “would rush to their individual tour buses and leave the venue,” stating “it would be impossible for any fan to be alone with any of the band members on their tour bus” due to security protocols, according to the ruling.
Carter also produced an affidavit from Ruth’s close friend who said she believed that Ruth did not even attend the concert in question.
“We conclude that Carter’s evidence, if believed, establishes that Carter did not sexually assault Ruth following the Backstreet Boys concert in 2001, such that Ruth’s statements describing such an incident would perforce be made with knowledge of their falsity,” the ruling filed Tuesday read.
A Supreme Court ruling on Schuman’s similar appeal is also anticipated.
Ruth and Schuman were named because they chose to identify themselves as victims of sexual assault. 8 News Now does not identify victims of sexual assault unless they choose to publicly come forward.
Nevada
Union urges Mesquite police chief’s ouster
Many of the residents who packed Tuesday night’s Mesquite City Council meeting said they were “disappointed” by the police union’s complaints against the chief of their city’s police department.
While meeting attendees spilled out of the overflow rooms, a union leader told the mayor and council that the Mesquite Police Officers Association held a vote of “no confidence” in Chief MaQuade Chesley’s ability to run the Mesquite Police Department.
Andrew Regenbaum, who is executive director of the Nevada Association of Public Safety Officers, said a “strong majority” voted that they weren’t confident in Chesley’s leadership.
Nepotism and retaliatory behavior on the part of the chief, Regenbaum alleged, spurred the Mesquite association to hold the vote.
Regenbaum implored city leaders to act Tuesday night.
“I urge you to consider the significance of his actions and this vote of no confidence and take appropriate action,” Regenbaum said.
After Regenbaum spoke, dozens of residents lined up behind him to make their own comments. Many said they backed Chesley and expressed frustrations about what they said was the vagueness of Regenbaum’s statements.
One resident, Sue Hanks, said she “wanted the facts.”
“I want to know exactly what Chief Chesley has done to the detriment of our Mesquite community,” Hanks said.
Another, Jeffery Smith, who has worked as an officer with the department for years, said that the Mesquite Police Officers Association does not “speak for” him. For more than 30 minutes, residents came to the podium to share their disdain for the allegations. Several called it a “witch hunt.”
One called members of the MPOA “cry babies.”
“You better consider that he (Chesley) has done one heck of a job,” said Ron Richmond, a former Mesquite Police Department detective. “I started in 1996, and we never used to do this. (You) work and shut up. You’re not going to get everything you need.”
Chesley, who sat in the audience for the meeting, gave one of the final remarks of the forum. He said that his commitment to the department had never wavered. He also shared that since he became aware of the concerns that the union has with his leadership, he has created a five-year “plan for improvement.”
“The plan focuses on critical areas designed to enhance our internal operation and the service we provide to our community. Some of those areas are open communication and active listening,” Chesley said. “We want to make sure our officers are supported and that their wellness is maintained throughout their careers.”
Unlike one woman whom Mayor Allan Litman interrupted after exceeding the allotted three minutes, the council allowed Chesley’s remarks to go longer than the time limit. The crowd gave him a standing ovation after.
A handful of people dressed in MPOA T-shirts sat near the back of the chambers. One scoffed while Chesley spoke.
During their comments to the council, Mindy Hughes and Brent Horlacher, who had been sitting with the MPOA supporters, insisted that a thorough investigation be done. They said the police union should not be villainized.
“It is the union’s job to demand transparency and honesty from the government entity, as well as any citizen would expect,” Horlacher said. “That is the mission of MPOA. It’s not to hurt anyone. It’s not to talk bad about anyone. It’s not to ruin anybody’s life. It is, however, an essential function of the MPOA to seek truth and accountability from those elected and appointed by the city of Mesquite.”
In an interview after the meeting, Regenbaum told the Review-Journal that he could not discuss specific incidents but that Chesley had “weaponized internal affairs against people in the department who disagreed with him.” According to Regenbaum, the chief had also hired out-of-state friends and given them more favorable pay scales.
“It is not unusual that he (Chesley) would bring out all his supporters,” Regenbaum said. “What is important is that the MPOA rank and rile had the courage to do something of this magnitude.”
Contact Akiya Dillon at adillon@reviewjournal.com
Nevada
‘Administrative errors and confusion’: Governor calls on lawmakers to speed up election certification process
LAS VEGAS, Nev. (FOX5) – Election reform is on the table as Nevada finally certified the 2024 election results Tuesday. Certifying the election is part of a long process that leads to the electoral college confirming the results next month. But changes could be coming to the way the state counts its votes in future elections.
No more waiting on Nevada.
That seems to be Governor Joe Lombardo’s goal after the Silver State took its time counting those votes.
Now we know why, according to Secretary of State, Cisco Aguilar.
“First, let me start by addressing the obvious. It has been a challenging election cycle,” Secretary Aguilar said.
Those challenges played out on a national stage, as Nevada was one of the last states to be called. Now the governor is calling for change after the Nevada Supreme Court certified the general election saying in a statement, “The time it takes to count ballots and finalize our elections in Nevada is simply unacceptable. Nevadans deserve timely election results, and all ballots should be received by election day.”
That’s what the governor wants in the future. That’s not what’s happening now.
Especially since mail-in voting proved to be the most popular way to cast a ballot this year as 45% of Nevadans mailed it in, 37% voted early, and 18% voted on election day.
Mail-in ballots that are postmarked on or before the day of the election and received by the fourth day after election day are accepted and processed.
That led to a backlog of votes to count.
Secretary of State, Cisco Aguilar seems open to changing things up for next time. “We have a responsibility to start to build that capacity to ensure we are processing mail ballots in a way that gives us the opportunity to provide the results as close to election night as possible,” Aguilar said.
Since Secretary Aguilar doesn’t want states waiting on Nevada anymore, he suggested a few changes.
“We are all determined to make improvements and suggest legislative steps to ensure our elections remain free and fair, with a focus on continuously improving the voter experience,” Secretary Aguilar said.
But Aguilar admits there were some snafus that led to delayed results among a lot of first-time election officials.
“They continue to deal with the rapid turnover of staff, in an increasingly complex requirement. Those requirements and turnover led to administrative errors and confusion,” Secretary Aguilar said.
Governor Lombardo says ballot issues should be immediately addressed in the next legislative session. That begins in February 2025.
Copyright 2024 KVVU. All rights reserved.
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