Indiana Court of Appeals Returns to Compulsive Gambler Claims

The Indiana Court of Appeals has granted leave for an interlocutory appeal in Caesars Riverboat Casino, LLC v. Kephart, No. 31A01-0711-CV-530 (Ind. Ct. App.), on the sole issue of whether the defendant can maintain a counterclaim charging that the casino took advantage of her alleged condition as a compulsive gambler.  The counterclaim came as a result of Caesars’ attempt to collect on Ms. Kepthart’s unpaid debts.  The trial court declined to dismiss the counterclaim even though the Indiana Court of Appeals rejected a similar claim in Stulajter v. Harrah's Indiana, 808 N.E.2d 746 (Ind. Ct. App. 2004).

The counterclaim plaintiff in the Indiana case, Genevieve Kephart, has recently filed similar compulsive gambling counterclaims in two casino collection cases filed in Mississippi state court.  E.g., Horseshoe Tunica v. Kephart, No. 2007-0246 (Tunica Cty. Cir. Ct.).