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In the case Las Vegas Sands v. Neeme the casino’s “marker” was found by the court to be a negotiable instrument. The Venetian (a hotel owned by Las Vegas Sands LLC) was then allowed to sued Nehme for not paying a negotiable instrument. In a 500 word paper discuss the required elements for a negotiable instrument. Is it feasible that the casino marker contained all of these elements? Explain whether or not you think that gambling casinos should be able to advance credit to gamblers. From what you know about how alcohol affects a person’s capacity to contract, is the fact that most gamblers are also consuming alcohol a factor in your decision? Do you think people would not gamble as much if casinos did not offer “markers?”
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.”