Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Sterling Suffolk Racecourse v. Wynn Resorts, Ltd.

Court: US Court of Appeals for the First Circuit

Docket: 20-1512

Opinion Date: March 3, 2021

Judge: Sandra Lea Lynch

Areas of Law: Gaming Law, Real Estate & Property Law

The First Circuit affirmed the decision of the district court granting Defendants' motion to dismiss this action brought under the civil portion of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. 1964(c), holding that Plaintiff had not and could not meet the causation of injury requirements set forth at 18 U.S.C. 1964(c). In 2014, the Massachusetts Gaming Commission granted a gaming license to Wynn, MA, LLC, a subsidiary of Wynn Resorts, Ltd. (collectively, Wynn), allowing Wynn to construct a casino in Everett, Massachusetts. Mohegan Sun Massachusetts had also applied for a license and had proposed a casino facility on a site in East Boston owned by Plaintiff, Sterling Suffolk Racecourse, LLC. Plaintiff brought this action alleging that Defendants, including Wynn, conspired to deprive Mohegan of a gaming license, therefore costing Sterling the opportunity to least its site to Mohegan. The district court dismissed the action. The First Circuit affirmed, holding that Plaintiff could not show a "direct injury" from Wynn's actions, and so its RICO claims failed as a matter of law.