May 10, 2023, Oral Arguments
Lucky Lucy D LLC vs. LGS Casino LLC
Carson City – 10:00 a.m. – Cadish/Pickering/Bell
Lucky Lucy D LLC vs. LGS Casino LLC
Docket No. 83833/84257
Carson City – 10:00 a.m. – Cadish/Pickering/Bell
These are consolidated appeals challenging a grant of summary judgment and a post judgment award of attorney fees and costs in a contract action. In April 2019, Appellant Lucky Lucy D, LLC (Lucky Lucy) contracted to sell a casino a hotel property to Respondent LGS Casino, LLC (LGS). In relevant part, section 2.2(i) of the parties’ agreement required Lucky Lucy to maintain and conduct the property and related business “in a manner generally consistent with the manner in which [Lucky Lucy] has operated and maintained” the property before the agreement. Due to the pandemic, Lucky Lucy closed the hotel and casino and notified LGS of a change in conditions that could materially affect its business. Upon renewed motions for summary judgment from both parties, the district court granted summary judgment in favor of LGS. The district court determined Lucky Lucy breached section 2.2(i) of the parties’ agreement and, as the seller, Lucky Lucy also bore the risk of loss under the circumstances. The district court also denied Lucky Lucy’s motion for summary judgment. Later, the district court granted LGS’s motion for attorney fees and costs. Lucky Lucy now appeals, arguing: (1) the district court erred in granting LGS’s motion for summary judgment, (2) the district court erred in denying Lucky Lucy’s motion for summary judgment, and (3) the award of attorney fees and costs should be reversed.