Post by: MechAg94 on October 25, 2007, 09:52:23 AM
I was curious what y'all thought about this. Anyone know the legalities of suing Native casinos?
Quote
By JIM AVILA, BETH TRIBOLET, DONNA CHOI and SCOTT MICHELS
ABC News Law & Justice Unit
Oct. 25, 2007
For about an hour last August, Gary Hoffman was a very lucky man.
Hoffman was playing the nickel slot machines at the Sandia Resort and Casino on an Indian reservation in New Mexico when he appeared to hit the jackpot: the machine said he won nearly $1.6 million.
Casino Reneges on Jackpot"I became ecstatic," he said.
But the ecstasy was short-lived. Hoffman says in a lawsuit filed earlier this year that Sandia refused to pay, claiming that the machine malfunctioned. Instead, he said, they gave him about $385 and a few free meals at the casino.
"I won money, fair and square, and I've been cheated out of my winnings," Hoffman told ABC News.
The casino says it's not responsible for what it describes as a computer error and says it offered Hoffman the maximum payout of $2,500 for that particular slot machine. But, a jury may never decide who is right. Lawyers told ABC News that gamblers like Hoffman may have little legal recourse against Native American casinos, which sometimes operate beyond the reach of U.S. courts.
'I Was a Winner'
Hoffman, a retired Albuquerque city employee, was playing a "Mystical Mermaid" slot machine on the morning of Aug. 16, 2006, when he thought he hit it big.
The nickel slot said he'd won $1,597,244.10. Patrons and casino employees came to congratulate him. He even got a marriage proposal, Hoffman said. But, soon he was asked to come to an executive conference room, where he says he was told the casino refused to pay.
A casino employee "became quite intimidating with me, pointed his finger in my face and said, 'You didn't win. We're not paying you any money. Do you understand what I'm telling you? You're not getting any money,'" Hoffman said.
A technician from the slot machine manufacturer arrived at the casino within the hour and the casino cordoned off the machine.
"I was a winner and I walked out empty handed," Hoffman said.
Computer Malfunction
A technical report said the slot machine's computer malfunctioned, and incorrectly made it appear as if Hoffman won more than the machine is able to pay out. The slot machine has a disclaimer that says it pays a maximum of $2,500 and warns that malfunctions void all winnings, said Paul Bardacke, Sandia's lawyer.
ABC News Law & Justice Unit
Oct. 25, 2007
For about an hour last August, Gary Hoffman was a very lucky man.
Hoffman was playing the nickel slot machines at the Sandia Resort and Casino on an Indian reservation in New Mexico when he appeared to hit the jackpot: the machine said he won nearly $1.6 million.
Casino Reneges on Jackpot"I became ecstatic," he said.
But the ecstasy was short-lived. Hoffman says in a lawsuit filed earlier this year that Sandia refused to pay, claiming that the machine malfunctioned. Instead, he said, they gave him about $385 and a few free meals at the casino.
"I won money, fair and square, and I've been cheated out of my winnings," Hoffman told ABC News.
The casino says it's not responsible for what it describes as a computer error and says it offered Hoffman the maximum payout of $2,500 for that particular slot machine. But, a jury may never decide who is right. Lawyers told ABC News that gamblers like Hoffman may have little legal recourse against Native American casinos, which sometimes operate beyond the reach of U.S. courts.
'I Was a Winner'
Hoffman, a retired Albuquerque city employee, was playing a "Mystical Mermaid" slot machine on the morning of Aug. 16, 2006, when he thought he hit it big.
The nickel slot said he'd won $1,597,244.10. Patrons and casino employees came to congratulate him. He even got a marriage proposal, Hoffman said. But, soon he was asked to come to an executive conference room, where he says he was told the casino refused to pay.
A casino employee "became quite intimidating with me, pointed his finger in my face and said, 'You didn't win. We're not paying you any money. Do you understand what I'm telling you? You're not getting any money,'" Hoffman said.
A technician from the slot machine manufacturer arrived at the casino within the hour and the casino cordoned off the machine.
"I was a winner and I walked out empty handed," Hoffman said.
Computer Malfunction
A technical report said the slot machine's computer malfunctioned, and incorrectly made it appear as if Hoffman won more than the machine is able to pay out. The slot machine has a disclaimer that says it pays a maximum of $2,500 and warns that malfunctions void all winnings, said Paul Bardacke, Sandia's lawyer.
Post by: jnojr on October 25, 2007, 10:06:45 AM
Post by: wooderson on October 25, 2007, 10:08:09 AM
Post by: Devonai on October 25, 2007, 10:08:53 AM
Post by: K Frame on October 25, 2007, 10:19:56 AM
Post by: DJJ on October 25, 2007, 04:17:03 PM
Post by: HankB on October 25, 2007, 04:40:15 PM
Quote
The slot machine has a disclaimer that says it pays a maximum of $2,500 and warns that malfunctions void all winnings, said Paul Bardacke, Sandia's lawyer.
If this disclaimer actually was posted prominently on the machine, I don't see that the guy has any case . . . it would be like filing suit against a car dealer that wanted to advertise a car for $30,, but a typo in the newspaper make it look like $3 . . . he would not get it for pocket change because of an obvious printing malfunction.On the other hand, if the machine did not carry a disclaimer, the casino would appear to be crooked unless they could prove a malfunction . . . the burden of proof would be on the casino.
Post by: Bigjake on October 25, 2007, 04:40:52 PM
that said, I still LOVE the Soaring Eagle casino/resort in Mt. Pleasant, Michigun
Post by: Regolith on October 25, 2007, 09:13:39 PM
They lost.
I wouldn't be too surprised to see this one lose, either. If the machine only pays out $2500, then there should be no way it should even be able to display $1.6 million. Poor programming is going to cost them big time.
Post by: cassandra and sara's daddy on October 25, 2007, 09:15:25 PM
indian casiono indian courts
Post by: DJJ on October 26, 2007, 03:10:48 PM
Post by: Regolith on October 26, 2007, 04:12:44 PM
max payout is displayed on machine he should take the 2500 while he can
indian casiono indian courts
indian casiono indian courts
BIA is under the Department of Interior. If need be he can take it to a federal court.
Post by: Firethorn on October 26, 2007, 05:58:06 PM
I remember a casino in Nevada trying to do something similar.
They lost.
I wouldn't be too surprised to see this one lose, either. If the machine only pays out $2500, then there should be no way it should even be able to display $1.6 million. Poor programming is going to cost them big time.
They lost.
I wouldn't be too surprised to see this one lose, either. If the machine only pays out $2500, then there should be no way it should even be able to display $1.6 million. Poor programming is going to cost them big time.
Most slots today are digital today; they're pretty much a computer. Slap some new settings into it; new information sticker and paint job(optional) and you can change a dime machine into a million dollar super jackpot.
Nevada actually has some of the toughest slot machine rules - There's so many casinos that in order to keep their collective reputation good they make some very tough rules for those who want to play dealer.
Post by: cassandra and sara's daddy on October 26, 2007, 06:09:43 PM
max payout is displayed on machine he should take the 2500 while he can
indian casiono indian courts
indian casiono indian courts
BIA is under the Department of Interior. If need be he can take it to a federal court.
bia has bupkus to say about the indian courts they are treated as their own lil entity. and i've seen pictures of the machine the payout limit on the nickel slot was clearly posted. i think they should pay him i kinow they won't