An attorney for a Las Vegas gambler argued Monday before a Ninth Circuit panel that his client had no unfair advantage when making his arguments against a casino and that a lower court erred in dismissing his claim.
Attorney Mitchell Keiter, representing Robert “R.J.” Cipriani, told the three-judge panel that the lower court relied on “judicial estoppel” in dismissing his claim with prejudice. That doctrine prohibits people taking one position, then later trying to take an inconsistent stance to gain an advantage in court.
At issue is harassment Cipriani claimed he suffered for weeks at the Las Vegas strip casino. He’d complained about another person gambling at the resort, saying he’d pleaded guilty to federal fraud charges and shouldn’t be allowed to gamble. In return, that man harassed Cipriani for weeks.
