Legal Opinion

Barry v. Bally Gaming, Inc.

Colorado Court of Appeals

Decided December 19, 2013No. Court of Appeals No. 13CA0093PublishedCited by 4 opinions

1Opinion of the Court

Opinion by

JUDGE GABRIEL

T1 Plaintiff, Charles Barry, appeals the district court's dismissal of his claims against defendants, Bally Gaming, Inc., d/b/a Bally Technologies (Bally) and CCSC/Blackhawk, Inc., d/b/a Lady Luck Casino Black Hawk (Lady Luck), for lack of jurisdiction over those claims. We conclude that (1) the district court correctly concluded that Barry's claims fall within the original and exclusive regulatory jurisdiction of the Colorado Limited Gaming Control Commission (the Commission), and (2) Barry has failed to show that exhaustion of his administrative remedies would be…

2Cases cited12 opinions

  1. Medina v. StateSupreme Court of Colorado · 2001
  2. Hamon Contractors, Inc. v. Carter & Burgess, Inc.Colorado Court of Appeals · 2009
  3. Showpiece Homes Corp. v. Assurance Co. of AmericaSupreme Court of Colorado · 2002
  4. Papas v. Gaming Control BoardMichigan Court of Appeals · 2003
  5. Thomas v. Federal Deposit Insurance Corp.Supreme Court of Colorado · 2011

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3Cited by4 opinions

  1. DIA Brewing, LLC v. MCE-DIA, LLCColorado Court of Appeals · 2020
  2. Sally A. MCLELLAN v. COLORADO DEPARTMENT OF HUMAN SERVICES and Larimer County Department of Human ServicesColorado Court of Appeals · 2022
  3. West Colorado Motors, LLC v. General Motors, LLCColorado Court of Appeals · 2016
  4. Development Recovery Co., LLC v. Public Service Company of ColoradoColorado Court of Appeals · 2017

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