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NV Bar Association Opens Investigation Into Assemblywoman Elaine Marzola

According to the Nevada Bar Association, her legal actions against and campaign donations from the defendants named in her lawsuits could be a conflict of interest if not properly disclosed to her clients

Democratic Assemblywoman Elaine Marzola (AD-21). (Photo: NV Leg)

Last month, The Globe reported that Democratic Assemblywoman Elaine Marzola (AD- 21) received a combined $22,500 in campaign donations from the Nevada Resorts PAC and MGM Resorts International while representing plaintiffs in lawsuits against their members and properties. These donations and lawsuits raise ethical questions for Marzola and could have given her incentive to not provide her clients with effective legal representation.

According to the Nevada Bar Association, her legal actions against and campaign donations from the defendants named in her lawsuits could be a conflict of interest if not properly disclosed to her clients.

The Globe has now learned that a complaint was filed against Marzola and the Nevada Bar Association has opened an investigation.

(Screenshot provided by source)

Per our report:

Since May 2022, Marzola has represented four plaintiffs in lawsuits against Wynn Las Vegas, Caesars Entertainment, Mandalay Bay, New York-New York Hotel & Casino, and Aria Resort & Casino Holdings, all of which are members of the Nevada Resorts Association that funds the PAC. The Nevada Resorts Association launched the Nevada Resorts PAC in January of 2022.

Three of these cases were dismissed and two are still active:

Case Name Date Filed Status
Linda Diana v. Wynn Las Vegas 31-May-23 Still active
Charis Michelsen v. Caesars Entertainment 10-May-22 Dismissed Jan. 5, 2023
Glen Hutsell v. Mandalay Bay 14-Apr-23 Still active
Kimberly Del Toro v. New York-New York  Hotel & Casino 20-Mar-23 Dismissed October 2023
Tamara Ciesinski vs. Aria Resort & Casino Holdings, LLC 14-Mar-22 Dismissed with prejudice May 28, 2024

In her “slip and fall” case against the Aria, which also named MGM as a defendant, Marzola accepted her donation from MGM two days after a short-trial discovery offer for the case. The case was dismissed with prejudice on May 28, 2024 (see below).

Ellen Whittemore, the Executive Vice President and General Counsel of Wynn, is also the Chair of the Board of Nevada Resorts Association. This raises further concerns, as the chair of the organization donating to Marzola’s campaign is the lead lawyer for the company that Marzola is suing.

The Globe attempted to reach Assemblywoman Marzola for comment as to if she advised her clients of her potential conflict of interest. Our request went unanswered. We have also reached out to the Nevada Bar Association for an update. At the time of publishing, we had not received a response.

We will continue to follow the investigation and update our readers with their findings.

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Megan Barth: Megan Barth is the founding editor of The Nevada Globe. She has written for The Hill, The Washington Times, The Daily Wire, American Thinker, Canada Free Press and The Daily Caller and has appeared frequently on, among others, Headline News CNN, NewsMax TV and One America News Network. When she isn't editing, writing, or talking, you can find her hiking and relaxing in The Sierras.
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