MICHAEL BANDLER VS. LANDRY'S INC., GOLDEN NUGGET ATLANTIC CITY, ET AL. (L-0026-16, ATLANTIC COUNTY AND STATEWIDE) (A-5064-17T3)
The sole issue presented in plaintiff's appeal from the grant of summary judgment to defendants is whether the Casino Control Act, which grants the Division of Gaming Enforcement authority to regulate gaming-related advertising, N.J.S.A. 5:12-70(a)(16), preempts plaintiff's Consumer Fraud Act (CFA) and common law claims alleging a casino hotel falsely advertised a poker tournament. Based on its review of the two statutes, and relevant case law, including the Supreme Court's test for determining preemption of the CFA in Lemelledo v. Beneficial Management Corp.,
