Patrick J. Reilly

Commercial Litigation

• Obtained dismissal without prejudice of proposed class action on behalf of Treasure Island, a leading U.S.-based hotel, restaurant and casino operator, in connection with a federal antitrust case alleging that Las Vegas hotels used a revenue software called ‘Rainmaker’ to share rack rates and fix them at sub-competitive rates.

• Successfully defended Las Vegas Convention and Visitors Authority, a government agency and the official destination marketing organization for Southern Nevada, in an appeal before the Nevada Supreme Court relating to Las Vegas Convention and Visitors Authority acquisition of the Las Vegas Monorail and related property easements, and recovered attorney’s fees in excess of $250,000.00.

• Substituted into litigation after trial dismissal and successfully defended a $2 million post-trial motion requesting attorneys’ fees and sanctions against Las Vegas casino and their counsel for alleged discovery sanctions during six years of litigation. Tamares Las Vegas Properties, LLC v. Travelers Indemn. Co., — F. Supp. 3d, —2023 WL 6379614 (D. Nev. 2023).

• Secured dismissal of a First Amendment lawsuit filed by the ACLU of Nevada alleging that a special events permit excluding persons under 21 from portions of the Fremont Street Experience was unconstitutional.

• Successfully defended national retailer against creditor attempts to impose receivership over anchor tenant after tenant default.

• Obtained a prejudgment writ of attachment against nearly $2 million from a Nevada casino cage securing an unpaid contract debt.

• Advises numerous lenders and debt collectors regarding regulatory compliance with Nevada and federal consumer protection laws.

• Obtained summary judgment and permanent injunction enjoining state regulator from enforcing advisory opinion limiting refinancing of consumer loans, and obtained sanctions award in excess of $150,000.00 based upon state regulator’s “frivolous” arguments before the court.

• Obtained preliminary injunction enjoining state regulator from enforcing interpretations of two state statutes. The state had required consumer lenders to provide a notice of repayment plan even when the lender had no intention of suing to recover defaulted loans. The state also required lenders to obtain a formal credit check with every loan application, even where the lender had a prior lending history with that borrower.

• Persuaded the State of Nevada Financial Institutions Division under threat of litigation to rescind emergency directives imposed at the onset of the COVID-19 crisis, including a “moratorium on collections” prohibiting sending letters, making telephone calls and even responding to credit disputes.

Nevada Supreme Court

Clark County Ass’n of Sch. Administrators and Professional Tech. Employees v. Clark County Sch. Dist., 139 Nev. —, 529 P.3d 163 (Nev. 2023)
State v. Titlemax of Nevada, Inc., 135 Nev. 336, 449 P.3d 835 (Nev. 2019)
State v. Dollar Loan Center, LLC, 134 Nev. 112, 412 P.3d 30 (Nev. 2018)
Horizons at Seven Hills Homeowners Ass’n v. Ikon Holdings, LLC, 132 Nev. 362, 373 P.3d 66 (Nev. 2016)
Shadow Wood Homeowners Ass’n v. New York Cmty. Bancorp, 132 Nev. 49, 366 P.3d 1105 (Nev. 2016)
Nevada Ass’n Services, Inc. v. District Ct., 130 Nev. 949, 338 P.3d 1250 (Nev. 2015)
State v. Check City Partnership, LLC, 130 Nev. 909, 337 P.3d 755 (Nev. 2014)
State v. Nevada Ass’n Services, Inc., 128 Nev. 362, 294 P.3d 1223 (Nev. 2012)
Venetian Casino Resort, LLC v. District Ct., 118 Nev. 124, 41 P.3d 327 (Nev. 2002)

Ninth Circuit Court of Appeals

Aargon Agency, Inc. v. O’Laughlin, 70 F.4th 1224 (9th Cir. 2023)
Waite v. Clark County Collection Service, LLC, 606 Fed. Appx. 864 (Cir. 2015)
Autotel v. Central Tel. Co., 320 Fed. Appx. 492, 2008 WL 3166535 (9th Cir. 2008)
ACLU of Nevada v. City of Las Vegas, 466 F.3d 784 (9th Cir. 2006)
Kemmerer v. Starwood Hotels & Resorts Worldwide, Inc., 154 Fed. Appx. 1 (2005)
Piche v. Clark County Collection Services, LLC, 119 Fed. Appx. 104, 2004 WL 2943686 (9th Cir. 2004)
ACLU of Nevada v. City of Las Vegas, 333 F.3d 1092 (9th Cir. 2003)
United States v. Johnson, 229 F.3d 891 (9th Cir. 2000)