Steve Wynn may have been pushed out of gaming, but the Associated Press didn't harm him by reporting on allegations of sexual malfeasance, according to courts. (Image: Charles Krupa / AP)

The full Nevada Supreme Court on Thursday put an end to a defamation lawsuit brought by casino tycoon Steve Wynn against the Associated Press in 2018, upholding a ruling from a three-judge panel made in February.

Wynn was bidding to have a jury hear his defamation claim related to an AP story about two women who had alleged that Wynn committed sexual misconduct. 

Court Cites Anti-SLAPP Laws in Ruling

In the February ruling, the three-judge panel cited Nevada’s anti-SLAPP (strategic lawsuits against public participation) law, which is designed to prevent organizations and individuals from using lawsuits to stifle criticism. 

The full court unanimously held up that ruling, saying that Wynn – a public figure – had to clearly show that the AP article was written with “actual malice.”

“The public had an interest in understanding the history of misconduct alleged to have been committed by one of the most recognized figures in Nevada, and the article directly relates to that interest,” Justice Ron Parraguirre wrote in the court’s opinion.

Wynn, 82, has been dogged by sexual misconduct allegations since January 2018, when the Wall Street Journal first reported on the claims. In April 2018, Wynn filed a defamation lawsuit related to a later report by the AP, naming the organization, a reporter, and one of his accusers, Halina Kuta.

The AP report did not name either of the two accusers, though Kuta later agreed to be named in reports. Kuta has filed claims to police accusing Wynn of raping her in the 1970s in Chicago. She also claimed that she later gave birth to their daughter in a gas station bathroom.

A judge later ruled that Kuta had defamed Wynn with what they termed “totally fanciful” claims, awarding Wynn nominal damages of $1. 

Accusations Led to Wynn Resignation, Fines from Regulators

Wynn’s attorneys argued that despite citing police documents, the AP article failed to fully include parts of Kuta’s account that would have cast doubt on the accusations she made.

But in February, a three-judge panel argued that the state’s laws were designed to protect articles such as these.

“[Anti-SLAPP laws] were designed to limit precisely the type of claim at issue here, which involves a news organization publishing an article in a good faith effort to inform their readers regarding an issue of clear public interest,” the panel said in their ruling. 

The AP applauded the court’s ruling, and says it plans to attempt to recoup legal costs through a lower court.

“The Associated Press is very pleased with the Nevada Supreme Court’s decision,” Lauren Easton, AP’s vice president of corporate communications, said in a statement.

Wynn was the CEO of Wynn Resorts from 2002 through 2018. However, the accusations of sexual misconduct led Wynn to resign in February 2018. In 2019, the Nevada Gaming Commission fined Wynn Resorts $20 million for failing to investigate those claims, while the Massachusetts Gaming Commission levied $35.5 million in fines against the company and one of its top executives for failing to disclose the allegations while applying for a casino license in the state. 

The company also accepted $20 million in damages from Wynn and $21 million from insurance carriers on behalf of Wynn Resorts employees to settle shareholder lawsuits that accused company directors of failing to disclose misconduct allegations. In all of these cases, the settlements and agreements included no admissions of wrongdoing from Wynn or the company.