Mullen v. Treasure Chest Casino, LLC

Employees of a floating casino sued their employer for respiratory illnesses allegedly caused by exposure to secondhand smoke and the casino’s defective ventilation system. The employees sought class action status so that the approximately 100-150 affected employees could sue at one time. The court of appeals agreed that granting class action status was proper because, among other factors, (1) all class members are alleging that they suffered injury from secondhand smoke; (2) the claims of the parties are typical of the claims of the class since all class members have suffered occupation-related respiratory illness; (3) the representative parties will fairly and adequately protect the interests of the class; and (4) a class action is superior to other methods of resolving the case.


Mullen v. Treasure Chest Casino, LLC, 186 F.3d 620 (5th. Cir. 1999).

  • United States
  • Aug 19, 1999
  • U.S. Court of Appeals for the Fifth Circuit



  • Dennis Mullen
  • Margaret Phipps
  • Sheila Bachemin


  • Boyd Gaming Corporation
  • Treasure Chest Casino, LLC

Legislation Cited

The Jones Act (Merchant Marine Act of 1920)

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Type of Litigation

Tobacco Control Topics

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