A federal judge has dismissed Robert “RJ” Cipriani’s lawsuit against Resorts World Las Vegas (RWLV) and its former president and chief operating officer, Scott Sibella. The suit argued that the defendants retaliated against the Cipriani, aka Robin Hood 702, for bringing criminal activity to light.
In his six-count lawsuit, the activist gambler accused RWLV and its former top executive of negligence, civil conspiracy, and inflicting intentional emotional distress. Specifically, the suit claimed Sibella and Resorts World allowed another player, Robert Alexander, to intimidate and harass Cipriani after he informed them of known felons—including Alexander—gambling at the casino.
But on Wednesday, Judge Miranda M. Du threw out the action against Sibella and RWLV with prejudice, meaning Cipriani cannot refile.
Judge Rules Claims Fail as ‘Matter of Law’
In her decision, Judge Du said Cipriani failed to demonstrate the defendants’ responsibility for the actions of the disgraced businessman and convicted fraudster Alexander. The defendants’ actions toward Cipriani were not “inherently dangerous,” Judge Du said. Likewise, she deemed his emotional distress “insufficiently severe.”
Because Cipriani is judicially estopped from making several arguments and sets of allegations, and his claims otherwise fail as a matter of law, the Court will dismiss the FAC with prejudice.
Both RWLV and Sibella’s legal teams had filed separate motions to dismiss.
Notably, the Nevada Gaming Control Board (NGCB) is investigating RWLV and Sibella. Among other infractions, the NGCB accused RWLV of welcoming and enticing known criminals, while the investigation into Sibella concerns the same during his time in leadership.
Last year, Sibella pled guilty to violating the federal Bank Secrecy Act while at MGM Grand. In that case, he admitted failing to report Wayne Nix for suspicious financial transactions. Nix has since pled guilty to conspiracy and fraud related to operating an illegal bookmaking business.
Lawsuit Argued Cipriani Faced Retaliation
A longtime high-stakes gambler known for his philanthropist ways, Cipriani started gambling at Resorts World in 2021, not long after the casino opened.
In Nov. 2021, his disintegrating relationship with RWLV soured when he was arrested after an altercation with Alexander. The clash, which saw Cipriani snatch Alexander’s cell phone and pass it to RWLV security, led to robbery and theft charges that were later dropped. The casino subsequently accused Cipriani of cheating at blackjack the same day.
Through his legal efforts and publicly on X.com (previously Twitter), Cipriani has long argued that Resorts World and Sibella were aware that some of the casino’s patrons, like Alexander, had been convicted of gambling-related crimes. His lawsuit claimed that he became the subject of retaliation because he spoke publicly about the corruption happening at RWLV.
But, while Judge Du acknowledged Nov. 19, 2021, was a “bad day for Cipriani,” her agreement ended there.
Contradictions Doomed Cipriani’s Case
Judge Du’s ruling highlights several issues she found with Cipriani’s case. Perhaps most important of these is the principle of “judicial estoppel,” which is that no party in a case can take a stance that contradicts one they took in previous proceedings.
The central claims of Cipriani’s current case, according to Judge Du, hinge on the notion that RWLV and Sibella didn’t do anything to protect him from Alexander. However, in a counterclaim stemming from a separate lawsuit, Cipriani had argued that RWLV banned Alexander to protect Cipriani. For that contradiction alone, Judge Du deemed the case impossible to pursue. Furthermore, she found additional issues with some of Cipriani’s arguments:
- Cipriani’s complaint failed to show any precedent or make novel legal arguments to support its claim that Sibella’s role as President of RWLV made him the “owner or keeper” of the hotel property under Nevada’s innkeeper laws.
- Robert Alexander allegedly perpetrated all of the harm in question, not the lawsuit’s defendants. So, absent the determination of a duty of care, Sibella and RWLV were not legally responsible for what Cipriani alleges happened to him.
As a result, after “whittling down” Cipriani’s claims, Judge Du wrote:
Thus, as the Court found above, he is judicially estopped from pursuing any of his claims against Resorts World. In addition, the Court found that several of his claims against Resorts World fail for alternative reasons. As to Sibella, the Court found that Cipriani’s core negligence claim against him failed because Sibella owed Cipriani no duty—a finding of law that would not change with any potential amendment. All of this leads the Court to the overall conclusion that the amendment would be futile. The Court will accordingly dismiss Cipriani’s [first amended complaint] with prejudice.
Cipriani Vows to Fight On
Both Resorts World and Sibella, via his legal counsel, declined Bonus’s request to comment.
In a statement to the Las Vegas Review-Journal, Cipriani disputed Judge Du’s finding, saying it would open the door to further Vegas corruption. Despite this setback, Cipriani also said he intends to explore all ‘legal remedies and options.”
I respectfully disagree with Judge Miranda M. Du’s decision. It gives the green light to all Nevada casinos, especially Las Vegas casinos, to turn a blind eye to behavior that can endanger guests.
On Friday, he shared a statement with Bonus and other media echoing the pledge to keep going:
This is but a minor defeat for the good people of Nevada with real integrity and commitment that are still battling to expose the truth about all the corruption and double dealing going on in the town I love, Las Vegas.
To all the bad guys who think they’ve won, listen to me very carefully. It ain’t over, till it’s over. I won’t stop, I won’t be silenced, I will use my last breath and my last penny fulfilling God’s mission. Govern yourselves accordingly. I am an indefatigable opponent and defender of the truth. I am Robin Hood 702!
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