DeCosmo v. Blue Tarp Redevelopment, LLCAnnotate this Case
In this proposed class action suit challenging the rules of blackjack at the Encore Boston Harbor Casino the Supreme Judicial Court affirmed the order of the superior court judge granting the motion to dismiss brought by MGM Blue Tarp Redevelopment, LLC (MGM), holding that the rules authorized MGM to offer 6:5 payout blackjack.
The Encore Boston Harbor Casino was operated by Wynn Resorts Holdings, LLC, Wynn MA, LLC, and Wynn Resorts, Ltd. (Encore). Plaintiffs, the gamblers challenging the rules of the game, sued Encore and MGM, contending that there were entitled to three dollars for every two dollars bet (3:2) instead of the six dollars for every five dollars bet (6:5) that they received when playing at tables requiring smaller bets. Plaintiffs argued that the Massachusetts Gaming Commission's blackjack rules did not clearly authorize payouts of 6:5 except with games played by dealing rules different from those used at Plaintiffs' tables. The superior court allowed MGM's motion to dismiss. The Supreme Judicial Court affirmed, holding that Plaintiffs understood the rules and the stakes and that deference was due to the Commission's interpretation of its blackjack rules.