In 2019, Illinois Governor J.B. Pritzker signed into law legislation approving the issuance of six casino owner’s licenses for the development and operation of new casinos throughout Illinois, including one in the City of Waukegan (City). The City accepted applications from numerous interested parties, including Taft client Full House Resorts, Inc. (Full House) and Waukegan Potawatomi Casino, LLC (WPC). The City ultimately advanced three applicants to the Illinois Gaming Board (Board) for potential licensure, including Full House. But the City declined to certify WPC. The Board investigated the certified applicants over several years, choosing Full House and deeming it “preliminarily suitable” to hold an owner’s license under the Illinois Gambling Act (Act).

Years later, WPC filed suit against the City and Board in Illinois state court, alleging the City failed to comply with the Act’s requirements when certifying the three applicants for the Board’s consideration. WPC believed the other applicants received unfairly favorable treatment while WPC’s application was rejected for improper reasons, claiming the certification process was “rigged” and a “sham.” The trial court dismissed WPC’s case for lack of standing, finding it did not have a sufficient interest in the City’s certification decision after WPC’s application was rejected. However, the Illinois appellate court reversed, finding WPC possessed a concrete interest in a fairly conducted certification process that complied with all necessary requirements under the Act.

On Jan. 24, 2025, the Illinois Supreme Court reversed the appellate court’s decision, affirming WPC’s dismissal for lack of standing. The Illinois Supreme Court found that WPC could not maintain claims against the City and Board because the Act provided the City with discretion to reject an application for any reason, meaning WPC was not entitled to relief based on a supposedly defective certification process. The Illinois Supreme Court also determined that WPC’s lawsuit was moot, because the Board issued Full House the owner’s license to operate a casino while the case was pending before the appellate court. In so holding, the Illinois Supreme Court found that the Board possessed jurisdiction to issue the license after it received the City’s certified applicants, meaning the license issued to Full House was valid and could not be revoked for any of the reasons advanced by WPC on appeal.

Taft attorneys Tim Eaton, Jon Amarilio, and Adam Decker filed an amicus curiae brief on behalf of Full House, explaining the dire consequences that the appellate court’s decision would bring about, depriving Full House of hundreds-of-millions of dollars it invested in obtaining the casino license, constructing a temporary casino facility, and preparing to develop a permanent facility.

Eaton and Amarilio are co-chairs of the firm’s Appellate group. Eaton has a distinguished career in commercial and appellate litigation, as well as arbitration, and has been involved in a number of high-profile cases. Amarilio is especially experienced representing clients in the Illinois Appellate Court, the Illinois Supreme Court, and the United States Court of Appeals for the Seventh Circuit. Decker advises businesses and C-level executives on litigation matters relating to contracts, business disputes and claims.