RUDOLPH v. ADAMAR OF NEW JERSEY, INC.

No. CIV. A. 00-190.

153 F.Supp.2d 528 (2001)

John D. RUDOLPH, on behalf of himself and all similarly situated persons, Plaintiffs, v. ADAMAR OF NEW JERSEY, INC., d/b/a Tropicana Casino and Resort, Defendant/Third-Party Plaintiff, v. The State of New Jersey, Donald T. Difrancesco, Acting Governor of the State of New Jersey, John J. Farmer, Jr., Attorney General of the State of New Jersey, James R. Hurley, Chairperson of the New Jersey Casino Control Commission, Third-Party Defendants.

United States District Court, D. New Jersey.

July 31, 2001.


Attorney(s) appearing for the Case

Stephen G. Console, Console Law Offices, LLC, Deborah H. Simon, The Mager Law Firm, P.C., Westmont, NJ, for Plaintiff, John D. Rudolph.

Louis R. Moffa, Jerry L. Tanenbaum, Schnader Harrison Segal & Lewis LLP, Cherry Hill, NJ, for Defendant/Third-Party Plaintiff, Adamar of New Jersey, d/b/a Tropicana Casino and Resort.

John J. Farmer, Jr., Attorney General of New Jersey, Mark Turner Holmes, Deputy Attorney General, Trenton, NJ, for Third-Party Defendants, the State of New Jersey, Donald T. DiFrancesco, Acting Governor of the State of New Jersey, and John J. Farmer, Jr., the Attorney General of the State of New Jersey.

John R. Zimmerman, General Counsel, New Jersey Casino Control Commission, David C. Missimer, Assistant General Counsel, Atlantic City, NJ, for Third-Party Defendant, James R. Hurley, Chairman, New Jersey Casino Control Commission.


OPINION

ORLOFSKY, District Judge.

I. INTRODUCTION

The pending motions before this Court require the consideration and resolution of several novel questions of law. First, the Court must decide whether the Defendant/Third-party Plaintiff, Adamar of New Jersey, d/b/a Tropicana Casino and Resort ("Tropicana"), has a right, either under federal common law or by statute, specifically, 42 U.S.C. § 1988, to seek contribution and indemnification from...

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