🎰 WW, Inc. v. Rainbow Casino-Vicksburg Partnership, L.P. – promo.besplanto-kartinki.online

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However, Weight Watchers never filed a Rule 56 f affidavit with the trial court, and thus, we find that this issue was not preserved for appeal. Filed: January 25th, Precedential Status: Precedential. Grand Casinos of Mississippi, Inc. We rely on donations for our financial security. Weight Watchers also argued that Rainbow was not a holder in due course because it had not acted in good faith when cashing the checks. Alps Automotive, Inc. According to Weight Watchers, the last tortious conduct occurred late in when Belk filed her federal tax return for We disagree and find that the last injury to Weight Watchers occurred on December 5, , the date Belk cashed her final unauthorized check. Weight Watchers did not allege any conduct on the part of Rainbow that would have tolled the statute of limitations. Belk then would cash the checks at local banks and casinos, including the Rainbow Casino, and she often would gamble with the embezzled money. Franklin Custodian Funds, Inc. Rainbow moved for summary judgment, arguing that the three-year statute of limitations had begun to run, at the latest, on December 5, , the day Weight Watchers first learned that Belk had been cashing unauthorized checks at the casino. Grand Casinos of Miss. Mississippi Rule of Civil Procedure 56 f provides that a party opposing summary judgment may be allowed a continuance if additional discovery is necessary for a response. Hill-Boren, PC, 52 So. The party moving for summary judgment bears the burden of showing that no genuine issue of material fact exists. Your Notes edit none. Sign In Register. Citations: None known. Finding that the plaintiff failed to provide any evidence of fraudulent concealment by the casino, we agree with the trial court that the statute of limitations had run at the time the suit was filed. Thus, they are the only defendants on appeal. Bennett v. Mississippi Code Section Rev. It is undisputed that Weight Watchers knew on December 5, , that Belk had cashed many of the unauthorized checks at the Rainbow Casino. Belk, Jr. Newsletter Sign up to receive the Free Law Project newsletter with tips and announcements.{/INSERTKEYS}{/PARAGRAPH} Hill-Boren, P. The continuing tort doctrine does not aid the plaintiff, because the last tortious action occurred more than three years before the complaint was filed. Cited By This case has not yet been cited in our system. {PARAGRAPH}{INSERTKEYS}CourtListener is a project of Free Law Project , a federally-recognized c 3 non-profit. Rainbow also argued, in the alternative, that summary judgment was appropriate because the casino was a holder in due course and that it did not have a legal duty to investigate the circumstances surrounding issuance of the checks. Authorities 4 This opinion cites: Stevens v. Belk embezzled the money by writing checks to herself from Weight Watchers accounts. However, Belk would type her name as payee on the paper checks. Donate Now. Belk reported her winnings to the Internal Revenue Service via W-2G forms provided by the casino, and she paid taxes on those winnings. Weight Watchers failed to allege any affirmative action on behalf of Rainbow that would have concealed a cause of action. Lake, So. Please support our work with a donation. Therefore, we agree with the trial court that the plaintiff has not alleged any fraudulent conduct that would have concealed a cause of action. In the alternative, Weight Watchers argued that summary judgment was premature because discovery was incomplete; but it did not file an affidavit as required by Mississippi Rule of Civil Procedure 56 f. However, assuming arguendo that the casino committed some wrong by issuing the tax forms, this did not serve to conceal any cause of action from the plaintiff. Finally, Weight Watchers argues that it was entitled to conduct further discovery before the summary judgment motion was considered. Thus, the continuing tort doctrine would not operate to toll the applicable statute of limitations beyond December 5, Weight Watchers did not properly request a continuance for further discovery. Weight Watchers argues, as it did below, that Rainbow fraudulently concealed its involvement by issuing tax forms to Belk that falsely represented Belk had won the money from the casino. In this appeal, we are asked to determine whether the statute of limitations barred an action against a casino for its alleged involvement in an embezzlement scheme.