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CAMPIONE v. ADAMAR OF NEW JERSEY, INC.

155 N.J. 245 (1998)

714 A.2d 299

ANTHONY JOHN CAMPIONE, PLAINTIFF-APPELLANT, AND NEW JERSEY CASINO CONTROL COMMISSION AND STATE OF NEW JERSEY, DEPARTMENT OF LAW AND PUBLIC SAFETY, DIVISION OF GAMING ENFORCEMENT, INTERVENORS-APPELLANTS, v. ADAMAR OF NEW JERSEY, INC., T/A TROPWORLD CASINO AND ENTERTAINMENT RESORT, PAT SCULLY AND MICHAEL IMPERATRICE, DEFENDANTS-RESPONDENTS, AND WILLIAM PHIEL, ETHEL GUYS, AND JOHN DOES # 1-# 15, FICTITIOUS PERSONS WHOSE IDENTITIES ARE UNKNOWN AT THE PRESENT TIME, DEFENDANTS.

The Supreme Court of New Jersey.

Decided July 22, 1998.

Attorney(s) appearing for the Case

John R. Zimmerman, General Counsel, argued the cause for intervenor-appellant New Jersey Casino Control Commission (Mr. Zimmerman, attorney; Mary Wozniak, Senior Counsel, of counsel and on the briefs).

Charles F. Kimmel, Deputy Attorney General, argued the cause for intervenor-appellant Division of Gaming Enforcement (Peter Verniero, Attorney General of New Jersey, attorney; Mr. Kimmel, Frank Catania and Thomas N. Auriemma, Assistant Attorneys General, of counsel).

F. Michael Daily, Jr., argued the cause for appellant Anthony John Campione (Quinlan, Dunne & Daily, attorneys).

John J. Barry argued the cause for respondents (Barry & McMoran and Hankin, Sandson & Sandman, attorneys; Mr. Barry, Adam N. Saravay and Tal S. Benschar, on the briefs).

Peter G. Sheridan submitted a letter in lieu of brief on behalf of amicus curiae, Casino Association of New Jersey (Graham, Curtin & Sheridan, attorneys).

The opinion of the Court was delivered by POLLOCK, J.

This appeal presents several issues. The first is whether the Casino Control Commission (CCC) has exclusive jurisdiction over claims by patrons against casinos for discrimination and breach of contract. A related issue is whether patrons may maintain such claims as common-law causes of action. The final issue questions the award of damages of $1,000,213.50 for malicious prosecution in favor of plaintiff Anthony...

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