Settlement Reached in Class Action Against Borgata

By Greg Kohn

Nagel Rice has settled a class action against the Borgata Hotel Casino and Spa which alleged that the Borgata violated the New Jersey Consumer Fraud Act by offering loyalty reward members “Unlimited Free Parking” that was not actually unlimited.  The parties reached a settlement that was preliminarily approved by the court.  The settlement requires that Borgata modify the language on its parking vouchers and provides for the following relief to class members, who do not opt out of the Proposed Settlement:

  •  $20 in Slot Dollars® (Borgata vouchers in dollar amounts that can be used instead
    of cash to play at a slot machine in the Casino), which must be used within 12
    months of the date of issue, and
  • six (6) parking vouchers, each of which entitles the holder to park one time for free
    at the Borgata, which must be used within 12 months of the date of issue.

For more information, please click on the links below to the Settlement Documents:

Notice of Pendency of Class Action and Proposed Settlement

Motion for Preliminary Approval of Class Action Settlement

Brief of Plaintiff in Support of Motion for Preliminary Approval of Class Action Settlement

Certification of Bruce Nagel In Support of Preliminary Approval of Class Action

Exhibit A to Certification of Bruce Nagel

Exhibit B to Certification of Bruce Nagel

Order granting preliminary approval of class action settlement

Settlement Agreement

Plaintiffs’ Letter to Court regarding settlement

Borgata’s Letter to Court regarding settlement

Plaintiffs’ Unopposed Motion for Final Approval of the Settlement

Plaintiffs’ Motion for Attorneys’ Fees and Costs and Class Representative Service Award

The attorneys at Nagel Rice, LLP represent clients throughout New York and New Jersey in a wide range of matters including personal injury, automobile accidents, brain injuries, medical malpractice, business litigation, and class action cases.

About the Author
Greg Kohn is a partner at Nagel Rice and specializes in complex civil litigation cases, including professional malpractice, personal injury, class actions, wrongful death, products liability, and commercial litigation.  He has extensive experience representing clients in both state and federal court. Greg has tried many jury trials to verdict and has recovered over $50 million in settlements and verdicts in all types of personal injury matters including automobile accidents, wrongful death cases, slip and falls, and other catastrophic injury cases. Greg also handles medical malpractice cases, involving misdiagnoses, wrongful birth, and delayed cancer diagnosis. If you have questions regarding this article, you can contact Greg here.