Further, Wynn executives sent letters reinforcing the urgency, one of which stated that failure to reduce the price would make Wynn ineligible for a casino license. Judge Salinger noted that a factfinder could interpret these communications as fabrications designed to pressure FBT.
Gaming Commission’s Role Cleared
While Wynn faces trial, Judge Salinger dismissed FBT’s claims against the MGC, ruling that the commission’s actions did not constitute a regulatory taking. The commission never formally directed Wynn to lower the price; rather, its Investigations and Enforcement Bureau (IEB) raised concerns about Lightbody’s involvement but left the resolution to Wynn.
The judge emphasized that the IEB’s advice was not binding, as the commission never issued a final decision requiring FBT to accept the discounted price.
Next Steps in the Case
The lawsuit, filed in 2018, has already undergone extensive litigation, including a trip to the Massachusetts Supreme Judicial Court. A two-week bench trial is expected in late May or early June 2025. FBT is represented by Todd & Weld LLP, Wynn by Mintz Levin, and the MGC by Anderson & Kreiger LLP.
Conclusion
The trial will delve into Wynn’s negotiations with FBT and its communications with the MGC, potentially shedding light on high-stakes dealings in the development of the $2.5 billion Encore Boston Harbor casino.
