Appeals Court Decision on Casino Markers

21 January 2002

In November the 9th U.S. Court of Appeals rendered a decision on the use of casino markers. The court ruled that casino markers are more akin to checks than credit card loans, and therefore gamblers must pay their marker debts or face criminal charges.

The case in question involved Matthew Fleeger of Dallas, who in 1998 spent $184,000 in casino markers at Nevada casinos. When collection time came, Fleeger sued, saying the debt was technically a loan as from a credit card company, instead of an IOU, as in a check.

In October a three-judge panel of the 9th Circuit upheld Nevada's gambling marker law, which states that casino markers are checks. On Nov. 26, 2001, an appeals court upheld that opinion in the form of a memorandum.

Use the following link to read the judges' opinion:

Matthew H. Fleeger v. Steward L. Bell; Desert Palace, Inc.; Scott Doyle; and Alan Buttell, Alias, Caesars Palace