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Michael Chittick and Kyle Zambarano Win Appeal on Behalf of Bally’s/Twin River

On June 1, 2022, Mike Chittick and Kyle Zambarano were successful in convincing the Rhode Island Supreme Court to affirm the dismissal of claims brought against UTGR, Inc. (currently doing business as Bally’s Twin River Lincoln Casino Resort). In relation to a commercial lease that was terminated by agreement back in 2011, a former tenant in the casino food court brought suit against UTGR claiming the termination of the lease was wrongful and asserting various claims ranging from breach of contract to breach of fiduciary duty. On December 18, 2020, the Rhode Island Superior Court determined beyond a reasonable doubt that all of the former tenant’s claims failed to state a claim upon which relief could be granted. The former tenant then appealed that ruling. In a written opinion by Chief Justice Paul Suttell, the Rhode Island Supreme Court has now affirmed the dismissal of those claims. In doing so, the Supreme Court reiterated the procedural standard applicable to the Superior Court’s ability to analyze documents relied on in a complaint in the course of ruling on a motion to dismiss, and the Supreme Court held that the typical commercial landlord-tenant relationship does not impose a fiduciary duty on the landlord. The opinion means that these claims were defeated at the very outset of the litigation, and UTGR will not have to engage in costly discovery in relation to these meritless claims.

Click here to read Supreme Court Opinion

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