LAS VEGAS (AP) —
The Nevada Supreme Court on Thursday ended a defamation lawsuit brought by casino mogul Steve Wynn against The Associated Press in 2018, rejecting his bid for a jury to hear his claim that he was defamed by an AP story about two women who alleged Wynn committed sexual misconduct.
The seven-member court upheld a February ruling by a three-judge panel that cited the state's anti-SLAPP law, or “strategic lawsuits against public participation, that blocks lawsuits filed to intimidate or silence critics.
That ruling said anti-SLAPP statutes “were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest.”
In what the unanimous full court said was an effort to clarify the law, Justice Ron Parraguirre wrote that Wynn, as a public figure, needed to show “clear and convincing evidence to reasonably infer that the publication was made with actual malice."
“The public had an interest in understanding the history of misconduct alleged to have been committed by one of the most recognized figures in Nevada,” the opinion said, “and the article directly relates to that interest.”
Attorneys who represent Wynn personally and those who handled the case did not respond to email and telephone messages seeking comment.
“The Associated Press is very pleased with the Nevada Supreme Court’s decision," Lauren Easton, AP vice president of corporate communications, said in a statement.
The AP plans to seek reimbursement for legal costs through a lower court.
Dominic Gentile, a veteran Nevada lawyer well-known for his work in First Amendment law, said the ruling “will make it even more difficult for a public figure to bring an action over expressive conduct.”
“In most cases, the standard is ‘a preponderance of evidence’ that a lawsuit is being brought to stifle speech,” he said. “This case has taken that and raised the bar for someone who is a public figure to not get thrown out of court.”
Gentile has been an attorney in the state since 1979 and has taught at the University of Nevada, Las Vegas Boyd School of Law. Malice, he said, means “you know it’s false or you didn’t do enough to determine that it was.”
Wynn, now 82 and living in Florida, is the billionaire developer of a luxury casino empire in the U.S. and the Chinese gambling enclave of Macao. He has consistently denied sexual misconduct allegations, which were first reported in January 2018 by the Wall Street Journal.
He resigned as CEO of Wynn Resorts Ltd. after the reports became public, divested company shares and quit the corporate board. Last year, he cut ties to the industry he helped shape in Las Vegas, agreeing with Nevada gambling regulators to pay a $10 million fine, with no admission of wrongdoing.
In a flurry of settlements in 2019, the Nevada Gaming Commission fined Wynn's former company a record $20 million for failing to investigate claims of sexual misconduct made against him before he resigned. Massachusetts gambling regulators fined the company and a top executive $35.5 million for failing to disclose while applying for a license for a Boston-area resort that there had been sexual misconduct allegations against Wynn.
Wynn Resorts agreed in November 2019 to accept $20 million in damages from Wynn and $21 million more from insurance carriers on behalf of current and former employees of Wynn Resorts to settle shareholder lawsuits accusing company directors of failing to disclose misconduct allegations.
Those agreements also included no admission of wrongdoing.
Wynn filed his defamation lawsuit in April 2018 against AP, one of its reporters and one of the women, Halina Kuta. Kuta filed claims to police that Wynn raped her in the 1970s in Chicago and that she gave birth to their daughter in a gas station restroom.
Neither accuser was identified in the AP report. Their names and other identifying information were blacked out in documents obtained by AP under a public records request. Las Vegas police refused to provide additional details and said too much time had elapsed since Kuta said the events occurred in 1973 or 1974. No charges were ever filed against Wynn.
The AP typically does not publish names of people who say they are victims of sexual assault, but Kuta agreed to be named in later news reports.
Wynn attorneys argued that the article, which cited police documents, failed to fully describe elements of Kuta’s account that would have cast doubt on her allegation.
A trial court judge later ruled that Kuta defamed Wynn with her claims, which the judge termed “totally fanciful,” and awarded Wynn a nominal $1 in damages.
FILE - Casino mogul Steve Wynn is seen at a news conference in Medford, Mass., on March 15, 2016. (AP Photo/Charles Krupa, File)
FILE - The Wynn Las Vegas and Encore are seen on June 17, 2014, in Las Vegas. (AP Photo/John Locher, File)
The last Emmys — in January, the 75th edition — went reunion crazy on such a big birthday, with cast reunions of such classic series as “Cheers,” “The Sopranos,” “It’s Always Sunny in Philadelphia” and “All in the Family.” The latest Emmys said: “Hold my applause.”
“Shogun,” “Baby Reindeer” and “The Bear” all picked up trophies throughout the night that was peppered with reunions of shows like “Saturday Night Live” and “Happy Days,” as well as themes, like TV dads and moms.
Here are some of the night’s notable moments:
The father-and-son duo of Eugene and Dan Levy, the winning stars of the 2020 Emmys aboard “Schitt’s Creek,” hosted and they were warm, mocking themselves as they noted the TV telecast was honoring "movie stars on streaming services.”
Even when the Candians went after a show — like “The Bear,” competing in the best comedy series category, even though it's not a traditional yukfest — it was gentle.
“Now, I love the show, I love the show, and I know some of you will be expecting us to make a joke about whether ‘The Bear’ is really a comedy — but in the true spirit of ‘The Bear,’ we will not be making any jokes,” Eugene Levy said.
In one bit, the two found themselves in the audience but in different rows, mistaking stage left for house left. Awkwardness ensued. When they tried to push through, Eugene Levy wailed: “I can't see the prompter!”
John Oliver thanked a lot of people after his “Last Week Tonight” won for outstanding scripted variety series, but things got weird when he ended up honoring his family’s recently dead dog.
“We have the most fantastic dog, and she was at our wedding and she got us through the pandemic. She was with us for two pregnancies…,” he said, before getting the leave-the-stage music swelled.
Oliver didn’t take the hint: “We had to say goodbye to her. I feel like Sarah McLaughlin right now. She was an amazing dog,” he said. He then shouted an expletive and tried to make it more than about his deceased canine.
“This isn’t just for her. This is for all dogs,” he continued as the auditorium roared. “All dogs, you are all very good girls. You are very good boys. You all deserve a treat. Play me off now! Thanks so much.”
“The West Wing” celebrated its 25th anniversary with castmembers Martin Sheen, Dulé Hill, Richard Schiff, Janel Moloney and Allison Janney gathering to help hand out the best drama trophy.
Created by Aaron Sorkin and first airing on NBC in the fall 1999, “The West Wing” offed an idealistic depiction of what politics can be. The castmembers gathered in a set mimicking the Oval Office. It ended in 2006.
“It's hard to believe that just 25 years ago, Aaron and the writers actually had to use their imaginations to create interesting plot lines for ‘The West Wing,’” Janney said. Added Schiff: “Unlike today, where storylines can be plucked right off the news, storylines that writers would have deemed a bit far-fetched if not utterly ridiculous 25 years ago.”
Jane Lynch, who played vicious cheerleading coach Sue Sylvester on “Glee” and Brendan Hunt, the quiet Coach Willis Beard on “Ted Lasso,” teamed up to help hand out the award for best director of a drama series.
They appeared in a locker room set, with Lynch teasing Hunt that she was a head coach on TV and he was just an assistant coach. But the stage seemed a little too big for just these two TV coaches.
That changed when the stage revealed Paris Olympians Ilona Maher, Caeleb Dressel and Stephen “Pommel Horse Guy” Nedoroscik alongside Paralympian Ezra Frech.
“Saturday Night Live” got a head start to its 50th anniversary next year with a mini-reunion, as Kristen Wiig, Maya Rudolph, Seth Meyers and Bowen Yang presented the award for best writing for a variety special.
Three of the four mocked creator and producer Lorne Michaels in the audience, who they claimed was nominated and lost 85 times at the Emmys. Rudolph said he was “robbed.” Yang said “it gets better” and “keep winning.” Meyers corrected them all to say that, in fact, Michaels has actually won 21 Emmys. Yang then leaned into mispronouncing his boss' first name.
It may have been a taste for 2025, when the trailblazing sketch show will be celebrated, including a three-hour live primetime special in February. It has been the springboard for such stars as Eddie Murphy, Adam Sandler, Tina Fey, Will Ferrell and Mike Myers.
Antony Starr of “The Boys,” Giancarlo Esposito from “Breaking Bad” and Kathy Bates of “Misery” came out to represent an oddly key part of TV — the villains.
“Without villains or antagonists, there wouldn’t be much of a story,” Esposito said. But it takes its toll. “Do you know how hard it was to get a date after ‘Misery,'” Bates joked about her Stephen King role as a crazed kidnapper.
Esposito complained that drug dealers will interrupt his dinner to ask his advice about building their empires and Starr said so many 12-year-old critics have approached him to say his superhero is “bad.” He responds that the show has an R rating. “It’s sloppy, sloppy parenting,” he observed.
George Lopez, Damon Wayans, Jesse Tyler Ferguson, who have all played memorable TV dads, gathered to recognize the lead actor in a comedy series. They walked into a mancave set and Lopez and Wayans said they wanted to thank their TV wives, but Ferguson balked, having starred with a TV husband instead on “Modern Family.” “I’m so sorry, did you watch my show, or...?” he asked them. “Yes, all 90 seasons,” Wayans responded.
Later, it was the moms’ turn. Meredith Baxter, who played the “Family Ties” matriarch, Connie Britton of “Friday Night Lights” and Susan Kelechi Watson of “This Is Us” presented the award for best writing for a comedy series. “We have come a long way,” said Baxter. “TV moms are no longer one-dimensional,” said Watson. “It’s OK to ask for as much as a TV dad.”
Director-producer Ron Howard and actor-author Henry Winkler reunited to celebrate the 50th anniversary of “Happy Days,” a romanticized take on teenage life in the 1950s that pivoted on adolescent humor about cars and dating.
Winkler, who played cool guy Fonzie with his signature “Aaaayy!” with both thumbs up, and Howard, who played the goody-goody Richie Cunningham, became household names thanks to the sitcom, which ran from 1974–1980. Winkler went on to win an Emmy on HBO’s dark comedy “Barry” and spread awareness about dyslexia as a best-selling author; Howard went on direct such Oscar-winners as “Apollo 13” and “A Beautiful Mind.”
The two men met onstage in a set dressed like the diner the show was mostly set in. Winkler congratulated Howard for his Emmy-winning documentary on Jim Henson. But despite some prodding by Howard, Winkler wouldn’t sing the theme song. “I'm out of practice,” he said. “And it takes schooling.” So Winkler nudged the jukebox with his elbow instead and the theme played.
The TV criminal justice system was represented Sunday by two separate but equal parts. There were the cops – Jimmy Smits of “NYPD Blue,” Niecy Nash-Betts of “Reno 911!” and Don Johnson of “Miami Vice.” They appeared on a set with a New York City police car onstage. Smits noted that he died in episode one of “Miami Vice” and later as a cast member of “NYPD Blue.” Nash-Betts said she never died: “I’m Black and I survived ‘Dahmer,’” she joked.
And then there were the TV lawyers who took cases to court: Viola Davis of “How to Get Away with Murder,” Gina Torres from “Suits” and Christine Baranski from “The Good Wife” and “The Good Fight.” (Though, to be honest, Smits was also a good lawyer in “L.A. Law.”)
“Lawyers have seen every combination of the human condition,” Davis said. Added Torres: “In so many ways, they try to better that human condition and uplift us.”
For more coverage of the 2024 Emmys, visit https://apnews.com/hub/emmy-awards
Damon Wayans, from left, George Lopez, and Jesse Tyler Ferguson present the award for outstanding lead actor in a comedy series during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Janel Moloney, from left, Dule Hill, Martin Sheen, Allison Janney, and Richard Schiff present the award for outstanding drama series during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
John Oliver accepts the award for outstanding scripted variety series for "Last Week Tonight With John Oliver" during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Ron Howard, left, and Henry Winkler present the award for outstanding directing for a comedy series during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Ron Howard, left, and Henry Winkler present the award for outstanding directing for a comedy series during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Gina Torres, from left, Viola Davis, and Christine Baranski present the award for outstanding lead actress in a drama series during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Brendan Hunt, left, and Jane Lynch present the award for outstanding directing for a drama seriesduring the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Ron Howard, left, and Henry Winkler present the award for outstanding directing for a comedy series during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Hosts Eugene Levy and Dan Levy speak during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Maya Rudolph, from left, Seth Meyers, Kristen Wiig, and Bowen Yang present the award for outstanding writing for a variety special during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
Antony Starr, from left, Kathy Bates, and Giancarlo Esposito present the award for outstanding supporting actress in a limited or anthology series or movie during the 76th Primetime Emmy Awards on Sunday, Sept. 15, 2024, at the Peacock Theater in Los Angeles. (AP Photo/Chris Pizzello)
