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.”
MGM sues Vegas shooting victims in push to avoid liability
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
Mystery of CIA’s lost nuclear device haunts Himalayan villagers 60 years on
- Plutonium-fueled spy system was meant to monitor China’s nuclear activity after 1964 atomic tests
- Porter who took part in Nanda Devi mission warned family of ‘danger buried in snow’
NEW DELHI: Porters who helped American intelligence officers carry a nuclear spy system up the precarious slopes of Nanda Devi, India’s second-highest peak, returned home with stories that sent shockwaves through nearby villages, leaving many in fear that still holds six decades later.
A CIA team, working with India’s Intelligence Bureau, planned to install the device in the remote part of the Himalayas to monitor China, but a blizzard forced them to abandon the system before reaching the summit.
When they returned, the device was gone.
The spy system contained a large quantity of highly radioactive plutonium-238 — roughly a third of the amount used in the atomic bomb dropped by the US on the Japanese city of Nagasaki in the closing stages of the Second World War.
“The workers and porters who went with the CIA team in 1965 would tell the story of the nuclear device, and the villagers have been living in fear ever since,” said Narendra Rana from the Lata village near Nanda Devi’s peak.
His father, Dhan Singh Rana, was one of the porters who carried the device during the CIA’s mission in 1965.
“He told me there was a danger buried in the snow,” Rana said. “The villagers fear that as long as the device is buried in the snow, they are safe, but if it bursts, it will contaminate the air and water, and no one will be safe after that.”
During the Sino-Indian tensions in the 1960s, India cooperated with the US in surveillance after China conducted its first nuclear tests in 1964. The Nanda Devi mission was part of this cooperation and was classified for years. It only came under public scrutiny in 1978, when the story was broken by Outsider magazine.
The article caused an uproar in India, with lawmakers demanding the location of the nuclear device be revealed and calling for political accountability. The same year, then Prime Minister Morarji Desai set up a committee to assess whether nuclear material in the area near Nanda Devi could pollute the Ganges River, which originates there.
The Ganges is one of the world’s most crucial freshwater sources, with about 655 million people in India, Nepal, and Bangladesh depending on it for their essential needs.
The committee, chaired by prominent scientists, submitted its report a few months later, dismissing any cause for concerns, and establishing that even in the worst-case scenario of the device’s rupture, the river’s water would not be contaminated.
But for the villagers, the fear that the shell containing radioactive plutonium could break apart never goes away, and peace may only come once it is found.
Many believe the device, trapped within the glacier’s shifting ice, may have moved downhill over time.
Rana’s father told him that the device felt hot when it was carried, and he believed it might have melted its way into the glacier, remaining buried deep inside.
An imposing mass of rock and ice, Nanda Devi at 7,816 m is the second-highest mountain in India after Kangchenjunga.
When a glacier near the mountain burst in 2021, claiming over 200 lives, scientists explained that the disaster was due to global warming, but in nearby villages the incident was initially blamed on a nuclear explosion.
“They feared the device had burst. Those rescuing people were afraid they might die from radiation,” Rana said. “If any noise is heard, if any smoke appears in the sky, we start fearing a leak from the nuclear device.”
The latent fear surfaces whenever natural disasters strike or media coverage puts the missing device back in the spotlight. Most recently, a New York Times article on the CIA mission’s 60th anniversary reignited the unease.
“The apprehensions are genuine. After 1965, Americans came twice to search for the device. The villagers accompanied them, but it could not be found, which remains a concern for the local community,” said Atul Soti, an environmentalist in Joshimath, Uttarakhand, about 50 km from Nanda Devi.
“People are worried. They have repeatedly sought answers from the government, but no clear response has been provided so far. Periodically, the villagers voice their concerns, and they need a definitive government statement on this issue.”
Despite repeated queries whenever media attention arises, Indian officials have not released detailed updates since the Desai-appointed committee submitted its findings.
“The government should issue a white paper to address people’s concerns. The white paper will make it clear about the status of the device, and whether leakage from the device could pollute the Ganges River,” Soti told Arab News.
“The government should be clear. If the government is not reacting, then it further reinforces the fear.”
