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https://www.reviewjournal.com/local/...-160m-verdict/

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Amazing how much a steroided out $12/hr bouncer can cost you.

So it starts out by saying he had a Traumatic brain injury, then later it says he was only diagnosed as having a concussion. Hustlerrrr

A concussion qualifies as a TBI

TBI and concussion are not mutually-exclusive diagnoses

That being said...I can easily see the award being chopped on appeal to a substantially lower number.

A concussion is a M(ild)TBI.

The payout is based on his future potential earnings. He ran a billion-dollar hedge fund.

Good. Clubs should take more responsibility for their guard dogs.

True...although in this case it sounds as though there was injury BEYOND just the initial concussion, hence my reply to the poster that seemed to believe diagnostic claims changed midstream...

The award was on the light side imo if the guy can't work any more, considering what he earned. That must have been the limit of their liability insurance. With a second lawsuit on the way, they better start shopping for new insurance.

Wouldn't be surprised if a new club popped up in the old one's place soon.

A jury awarding large money to a hedge fund guy!? What in the world...

I'm curious if his hedge fund really suffered because of this or simply was due to the fact that lots of hedge funds have struggled and closed shop in recent years. (The original incident was in 2012)

Either way certainly no excuse for beating up the guy though.

amen. some of these "security" personnel here act like they have a license to assault anyone excessively for anything as if they're in the mafia or something. and typically they get away with it as management looks the other way at minimum (if not outright encouraging it) and LVMPD could care less about any complaints filed. seen it first hand a couple of times although haven't experienced it fortunately.

I know Marquee is its own entity, but I'm not shocked to hear this happened within the Cosmopolitan. unfortunately I have had to deal with their security before and they were complete incompetent a**holes. too bad a casino that nice can't find better help.

I wish there was a video on this. I've seen security get really upset whenever someone has a camera out. They yell at, bully, and try to intimidate people into putting the camera away. Hmm I wonder why.

What's ridiculous (besides security smashing Plaintiff's head in the floor) is that the law firm (Lewis Brisbois) was likely paid at least a million dollars in attorneys' fees by the Cosmopolitan over the last two years for taking a case to trial for five weeks and then losing a $160M judgment (with a punitive damages award still coming).

Josh Aicklen and his associates at Lewise Brisbois end up making a killing on the case, while their client gets hit with a huge judgment. Nothing whatsoever happens to the losing attorneys and they still get to keep their million+ in attorneys' fees they've been paid over the years.

what should happen to the losing attorneys? they have to work for free?

Desert Springs Hospital originally diagnosed him with a concussion (likely a general ER Doctor). The neurosurgeon (specialist) later diagnosed him with traumatic brain injury.

Yikes. Bad take here. Like augie asked, should they work for free? What if the plaintiff's attorney asked for $300 mil and they kept it to $160? What if they told Marquee to accept a settlement offer of $100 mil pre-trial, and Marquee refused?

The defense lawyers didn't make the ****ty facts here, Marquee did. It's their bed to lie in.

This defense of the defense lawyers is from a plaintiff's lawyer, fwiw...

I've worked for both the insurance defense side and the plaintiffs' side. I always found it a little more fair when you risk share. On the plaintiffs' side, you only get paid if you win (or settle). On the insurance defense side, you get paid regardless whether you win, lose, do good work or crappy work.


So yes, when the plaintiffs lose, the plaintiffs' attorneys work for free.

Not all civil PI work is contingency. I know many plaintiff's attorneys who require fees/retainer up front and continue to bill as the work progresses. If they prevail, fees are recoverable and the client is entitled to recoup what has been paid.

If you are hiring for defense/respondent work, if you don't like their fee structure outlined in the Legal Services Agreement, then go elsewhere.

I much prefer the niche of criminal defense that I am in since we get all of our fee up front and are not billing against retainers. Some cases resolve with very little work and others (the majority of the work) are more like 40-60 hours of total time, counting travel to meet with clients.

they'll appeal this for a few more years. Over/under for when he actually gets paid? 5yrs.

There will definitely be an interesting dynamic here. Cosmo will likely have to post a surety bond in order to appeal. In my jurisdiction (not Nevada), you've got to post 1.5x the amount of the judgment (and the judgment also accrues 12% yearly interest). So every year that goes by means another $19M would be tacked on the judgment amount--which again, goes back to the original post in the thread, that an hourly security guard can cost your company a buttload.

But yes, likely a while until he sees cash in his hands.

He settled. There's an update linked at the end of the article in the OP. Undisclosed amount.
https://www.reviewjournal.com/crime/...-160m-verdict/

And that's one of the things that are wrong with the justice system in the US. In other countries it's not even legal to base an attorney's fee on the outcome of a trial. Maybe that results in lawyers not working as hard as they could, but at least they are willing to go to court for a client over things that are not a sure win/settlement.

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So what is your guess on the settlement amount ???

Yeah, that's about right.

Most concussions clear with time, not that some subtle problems can't hang around. TBI is pretty much a stable condition. So assuming the initial head CT was normal, concussion is an OK diagnosis, although I usually use "Closed head injury" instead, because concussion is a little fluffy to me.

IMO an ER doc shouldn't be diagnosing TBI in the ED, cause you don't know how the particular patient's clinical course is going to evolve.

MM MD

$50 - 60 million