Should We Follow A Trespass With a Lawsuit?

[Thirdbaseman]

I'm reading Nersesian's latest book, The Law For Gamblers. In the chapter on Suing Casinos, he says that
False Imprisonment occurs when a person is detained against his will without legal cause or justification.
He indicates that if there wasn't legal cause or justification for the detention, then an actionable False
Imprisonment likely exists. Once False Imprisonment is shown, the amount of the award is governed
by the ability of counsel to convince the jury of a proper amount.
Once when I was trespassed for being an AP, I was detained for about 30 minutes. Security requested
my ID which I refused. I also refused to go to a backroom. Despite my constant pleas that I was being held
against my will, they would not let me leave until they processed the paperwork for the trespass. At the time,
I was glad to eventually get out of there without being physically attacked. Nersesian seems to indicate that
a lawsuit could be successful in a case like this. He even cites a case where a jury awarded $105,000 for
a 12 minute detention without handcuffs.
So my question is, as a practical matter, should we file a lawsuit against the casino whenever we are trespassed
for AP where they don't allow us to leave immediately, assuming we can find a local attorney who understands
the intricacies of the law regarding AP and who would be willing to work on a contingent fee basis?

[Three]

Is waiting until they complete a legal document that they must present to you a legal cause to detain you? Frank, our resident council, may have an opinion on this.

[ZeeBabar]

That would be he hell of an AP move. Get yourself backed off, hear them say that you must wait and then seek an attorney.

[Stealth]

Present details to Bob Nersesian in Las Vegas and he will gladly tell you if you have a case......

IMHO ....Detention without cause is the same after 2 minutes or 2 hours......but the legal minds will need to clarify.

[Banker]

They had no right to force you to wait. It is illegal detention. Proving it happened is a different story if the tapes do not show clear forcing you not to leave.

[LVBear584]

This appears on the surface to be a viable lawsuit, assuming the facts are as stated. An important piece of evidence is likely to be the surveillance video. Act quickly to preserve it; many casinos destroy it after seven days. False imprisonment will be more difficult to prove without the video, as you can expect most everyone on the casino side to lie about what really happened.

[ZenMaster_Flash]

" ... the amount of the award is governed by the ability
of counsel to convince the jury of a proper amount."

The real problem is the legal expenses, which add up quickly. Nersesian
charges $600 per billable hour, which includes telephone calls, consulting
with other attorneys, taking depositions, writing motions, etc. etc.

If you lose a case you will be saddled with a huge bill, not to mention the
non-refundable retainer, which will probably be in the amount of $10,000.

I M O, and I am not an attorney, unless one is a victim of an actual assault
you need to think about it and consult an attorney.

I keep Bob N.'s cell phone and office phone numbers on speed dial.

[Banker]

The attorney fees are often on contingency in these cases. So, if the case is lost no fees owed. Deprivation of freedom is a serious offense. One should not wait for an actual physical assault to demand justice.

[ZeeBabar]

The attorney fees are often on contingency in these cases. So, if the case is lost no fees owed. Deprivation of freedom is a serious offense. One should not wait for an actual physical assault to demand justice.

Asking you to wait 15 minutes is a deprivation of freedom now? Maybe an hour? Perhaps you could ask for a comped meal while you wait.

[CallSaul]

One point to remember about contingency fee cases. If--and it's a big "if"--you get an attorney to represent you on contingency, you are still often on the hook for costs. These include the fee for filing the complaint (usually a few hundred bucks) and, as discovery gets going, fees for court reporters to record depositions, expert witnesses, and the like. Depending on the complexity of the case and how hard the defendant fights, these costs can easily cross the $10k threshold.

[Thirdbaseman]

My understanding from Nersesian's book is that anytime we are detained against our will for simply being an AP, we could potentially win a lawsuit for False Imprisonment.
Is this how others interpret this, especially anyone who has experience with this issue or who has read his book?
If that is the case, then wouldn't most trespasses result in a potential lawsuit since they don't let you leave immediately like in a backoff?
Before I read Nersesian's book, I had thought that an AP would have to be physically assaulted to win a case against the casino.
But what I understand from his book is that anytime one of us is detained against our will, he has a case.
If this is accurate, then the next question is finding a local attorney who understands AP issues like Bob does. This is not easy.
Would it make sense for us to put together a list of attorneys around the country who are capable of handling these situations so that
whenever one of us is trespassed and detained, we would know who to call.
And if the attorneys are willing to work on a contingent fee basis, they would only take cases that they think have a reasonable chance of winning,
and we would not have any financial risk. And we might even get the casinos to stop treating us like criminals.

[Jabberwocky]

The real problem is the legal expenses, which add up quickly. Nersesian
charges $600 per billable hour, which includes telephone calls, consulting
with other attorneys, taking depositions, writing motions, etc. etc.

If you lose a case you will be saddled with a huge bill, not to mention the
non-refundable retainer, which will probably be in the amount of $10,000.

I M O, and I am not an attorney, unless one is a victim of an actual assault
you need to think about it and consult an attorney.

I keep Bob N.'s cell phone and office phone numbers on speed dial.

Litigate pro se. That way if you lose, you save a bundle. Great AP move!

[Frank Galvin]

Horrible move. Akin to playing blackjack without ever having benefit of card counting books, software and/or mentors. If you are not versed in courtroom procedures, likely to piss of judge (see My Cousin Vinny).

In most jurisdictions, the claim is s likely the tort of false imprisonment, although other claims may be asserted. But regarding the legal fees, Nersesian is ++++ EV. But there are numerous attorneys versed in plaintiff side tort litigation that are likely highly qualified to pursue these claims for APs (think about personal injury attorneys, as an example).