After two years of intense negotiations, MGM, Robert Eglet and members of the 1 October Litigation Leadership Group on behalf of more than 4,000 victims, filed a joint motion on September 11, 2020 for good faith settlement determination stemming from the deadliest shooting in modern U.S. history.
The motion states that:
- The settlement was reached in good faith and that the parties involved negotiated a fair and reasonable settlement amount to compensate the victims;
- MGM Resorts International agreed to tender their $751,000,000 insurance policy limits and $49,000,000 of their own funds to reach the settlement amount; and
- There was no fraud, collusion, or tortious conduct involved in the settlement.
19 days later, Eighth Judicial District Court Chief Judge Linda Bell granted the Joint Motion for Good Faith Settlement filed by Eglet Adams, Panish Shea & Boyle, Robinson Calcagnie and Munger, Tolles & Olson.
In rendering her decision, Judge Bell determined that:
- The amount of the settlement, eight-hundred million dollars ($800,000,000.00), was reached after a lengthy mediation and extensive arms’-length negotiations;
- MGM exhausted its insurance limit of seven-hundred fifty-one million dollars ($751,000,000.00) and MGM agreed to contribute forty-nine million dollars ($49,000,000.00) of its own funds;
- The allocation of the Settlement proceeds among the Plaintiffs is being facilitated through an intricate, Court approved, Claims Protocol, involving Claims Administrators; and
- There was no evidence of fraud or collusion in this Settlement. The parties negotiated for months, with the assistance of the Honorable Jennifer Togliatti (Ret.) and the Honorable Louis Meisinger (Ret.) as mediators. Plaintiffs’ counsel sought input and advice from ethics experts to ensure that the Settlement Agreement and associated documents complied with all ethical rules and guidelines, and the experts concluded that the documents and Settlement complied with all potentially applicable rules of legal ethics.
The Court also recognized the extraordinary work and effort by counsel in this case to achieve the maximum settlement amount available to claimants despite having an immensely difficult, unique and tragic set of circumstances. Due to counsel achieving near-unanimous participation in the settlement from potential claimants, MGM Resorts International agreed to contribute $49,000,000 of its own funds in addition to the full insurance policy limits, allowing claimants to receive the maximum settlement amount of $800,000,000.
The order states that the allocation amounts will be determined based on a number of factors, including past medical treatment, future medical treatment and loss of income. Those who are permanently and severely injured will receive the largest allocations and a minimum of $5,000 will go to victims who filed claims for unseen injuries and did not seek therapy or other treatments.
Robert Eglet, Senior Partner of Eglet Adams, previously stated, “there are no winners in long, drawn-out litigation with multiple trials where people and the community are reliving the event every time we try a case.” The good faith settlement will allow victims of the shooting to receive the compensation they need, and hopefully assist them with the difficult task of moving on with their lives without having to fixate on the events of October 1, 2017.
The lawyers are hopeful that the victims will receive their compensation before the end of 2020.
The Law Office of Eglet Adams
The Law Office of Eglet Adams has a long history of fighting for the interests of its injured clients. The firm has handled complex civil litigation against corporate titans which resulted in positive policy changes for consumers. Eglet Adams is currently serving as outside counsel for the State of Nevada and represents many of Nevada’s cities and counties in lawsuits against opioid manufacturers and distributors. The firm is taking on opioid manufacturers and distributors to recoup the costs of saving people’s lives from opioid use and overuse in Nevada.
Eglet Adams also represents 41 of the victims of the Alpine Motel Apartments fire that occurred in December 2019 in downtown Las Vegas. The building was in violation of more than 16 fire code regulations, including a sealed emergency exit which prevented residents from escaping. The firm took immediate action to help the victims and worked diligently to expedite the investigation so that former residents could reclaim their property and focus on repairing their lives.
Eglet Adams’ client-first mentality has enabled the firm to become one of the most successful and well-respected personal injury law firms in the State of Nevada and the United States. The firm obtained the largest catastrophic injury verdict in the country in 2010, as well as in 2013. It also obtained the three largest catastrophic injury verdicts in Nevada history totaling $524 million, $505 million and $186.2 million. Eglet Adams has been routinely named as one of the Most Influential Plaintiff Law Firms in the United States by the National Law Journal and was once again named such in 2020.