Ameristar Casino Vicksburg, Inc. v. Jimmy L. Duckworth

Summary

The Mississippi Supreme Court held that a casino promotional drawing was a promotional giveaway rather than a game or gaming debt under the Mississippi Gaming Control Act. Because the dispute did not arise from a gambling debt, the Mississippi Gaming Commission lacked jurisdiction, and the circuit court retained jurisdiction. The court affirmed and remanded for further proceedings.

Holdings

1. The Mississippi Gaming Commission does not have exclusive jurisdiction because the dispute did not arise from a gaming debt or other gaming matter covered by the Mississippi Gaming Control Act.
2. The promotional drawing was a promotional giveaway, not a "game" or "gambling game" under the Mississippi Gaming Control Act.
3. The circuit court properly refused to relinquish jurisdiction to the Mississippi Gaming Commission.

Questions Presented

1. Whether the Mississippi Gaming Commission has exclusive jurisdiction over a dispute arising from Ameristar's promotional drawing.
2. Whether the promotional drawing constituted a "game" or "gaming debt" under the Mississippi Gaming Control Act.
3. Whether the circuit court properly retained common-law jurisdiction over Duckworth's claim for payment of the $35,000 check.

Disposition

affirmed