MGM sues Vegas shooting victims in push to avoid liability

The site of the Route 91 music festival mass shooting is seen outside the Mandalay Bay Resort and Casino in Las Vegas, Nevada, US Oct. 2, 2017. (Reuters/Lucy Nicholson/File)
Updated 18 July 2018
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MGM sues Vegas shooting victims in push to avoid liability

  • The company argues in lawsuits that it has “no liability of any kind” to survivors or families of slain victims
  • Victims with active lawsuits against MGM don’t face the company’s legal claim

LAS VEGAS: MGM Resorts International has sued hundreds of victims of the deadliest mass shooting in modern US history in a bid to avoid liability for the gunfire that rained down from its Mandalay Bay casino-resort in Las Vegas.
The company argues in lawsuits filed in Nevada, California, New York and other states this week and last that it has “no liability of any kind” to survivors or families of slain victims under a federal law enacted after the Sept. 11 terrorist attacks.
The lawsuits target victims who have sued the company and voluntarily dismissed their claims or have threatened to sue after a gunman shattered the windows of his Mandalay Bay suite and fired on a crowd gathered below for a country music festival.
High-stakes gambler Stephen Paddock killed 58 people and injured hundreds more last year before killing himself. Victims with active lawsuits against MGM don’t face the company’s legal claim.
MGM says the 2002 law limits liabilities when a company or group uses services certified by the US Department of Homeland Security and mass attacks occur. The company says it is not liable because its security vendor for the concert, Contemporary Services Corp., was federally certified at the time of the Oct. 1 shooting.
MGM claims the victims — through actual and threatened lawsuits — have implicated CSC’s services because they involve concert security, including training, emergency response and evacuation.
“If defendants were injured by Paddock’s assault, as they allege, they were inevitably injured both because Paddock fired from his window and because they remained in the line of fire at the concert. Such claims inevitably implicate security at the concert — and may result in loss to CSC,” according to the MGM lawsuits.
CSC’s general counsel, James Service, told The Associated Press on Tuesday that it doesn’t comment on litigation involving the company or a third party.
MGM wants a court to declare that the US law “precludes any finding of liability” against the company “for any claim for injuries arising out of or related to Paddock’s mass attack.”
Brian Claypool, an attorney who was at the music festival during the shooting, called the lawsuits a “hypocritical maneuver” that will turn into a “public relations nightmare for MGM.”
“We collectively view this as a bullying tactic to intimidate the survivors who are rightfully seeking social change and redress through the litigation process,” Claypool, who represents dozens of victims, said in a statement.
MGM spokeswoman Debra DeShong said Congress determined that federal courts should handle any lawsuits over mass attacks where federally certified security services were provided.
“While we expected the litigation that followed, we also feel strongly that victims and the community should be able to recover and find resolution in a timely manner,” she said in a statement Tuesday.
Attorney Robert Eglet, who represents victims in a lawsuit pending in federal court in Nevada, also decried the casino operator’s move, saying the company is filing complaints nationwide in search of a sympathetic judge. He told AP he has been flooded with calls from victims.
“This is absolute gamesmanship. It’s outrageous. It’s just pouring gasoline on the fire of (the victims’) suffering,” Eglet said. “They are very distraught, very upset over this. MGM is trying to intimidate them.”


‘Keep dreaming’: NATO chief says Europe can’t defend itself without US

Updated 38 min 48 sec ago
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‘Keep dreaming’: NATO chief says Europe can’t defend itself without US

BRUSSELS: NATO chief Mark Rutte warned Monday Europe cannot defend itself without the United States, in the face of calls for the continent to stand on its own feet after tensions over Greenland.
US President Donald Trump roiled the transatlantic alliance by threatening to seize the autonomous Danish territory — before backing off after talks with Rutte last week.
The diplomatic crisis sparked gave fresh momentum to those advocating for Europe to take a tougher line against Trump and break its military reliance on Washington.
“If anyone thinks here again, that the European Union, or Europe as a whole, can defend itself without the US — keep on dreaming. You can’t,” Rutte told lawmakers at the European Parliament.
He said that EU countries would have to double defense spending from the five percent NATO target agreed last year to 10 percent and spend “billions and billions” on building nuclear arms.
“You would lose the ultimate guarantor of our freedom, which is the US nuclear umbrella,” Rutte said. “So hey, good luck.”
The former Dutch prime minister insisted that US commitment to NATO’s Article Five mutual defense clause remained “total,” but that the United States expected European countries to keep spending more on their militaries.
“They need a secure Euro-Atlantic, and they also need a secure Europe. So the US has every interest in NATO,” he said.
The NATO head reiterated his repeated praise for Trump for pressuring reluctant European allies to step up defense spending.
He also appeared to knock back a suggestion floated by the EU’s defense commissioner Andrius Kubilius earlier this month for a possible European defense force that could replace US troops on the continent.
“It will make things more complicated. I think  Putin will love it. So think again,” Rutte said.
On Greenland, Rutte said he had agreed with Trump that NATO would “take more responsibility for the defense of the Arctic,” but it was up to Greenlandic and Danish authorities to negotiate over US presence on the island.
“I have no mandate to negotiate on behalf of Denmark, so I didn’t, and I will not,” he said.
Rutte reiterated that he had stressed to Trump the cost paid by NATO allies in Afghanistan after the US leader caused outrage by playing down their contribution.
“For every two American soldiers who paid the ultimate price, one soldier of an ally or a partner, a NATO ally or a partner country, did not return home,” he said.
“I know that America greatly appreciates all the efforts.”