Leigh-Pink v. Rio Properties
Leigh-Pink v. Rio Properties (U.S. Court of Appeals, 9th Circuit, March 3, 2021): Plaintiffs sued the Rio hotel in Las Vegas for fraudulent concealment of material fact and for consumer fraud after it allegedly failed to warn the plaintiffs of a known legionella contamination on the premises. Plaintiffs claimed economic damages of $34.01 per day (the resort fee), despite staying in the hotel complimentary, claiming they would not have stayed at the Rio had they known it was contaminated with legionella. The 9th Circuit noted that Nevada lacked laws addressing whether a plaintiff can claim such damages and looked to other jurisdictions’ divergent guidance. The court held back making a decision and requested that the Supreme Court of Nevada determine whether a plaintiff under these circumstances has suffered damages. Read the full decision here.
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