This section contains the nature of the case and procedural background.

D is an Italian citizen and business owner who serves as a consultant for the pharmaceutical industry. D claims to suffer from gambling addiction, as certified in Italy and does not speak any English. D visited Las Vegas and gambled and lost $1,000,000 of his own money. Wynn (P) then extended $1,070,000 worth of gaming credit in the form of casino markers worth $1,000,000 of which was left unpaid. D claims he was intoxicated at the time he signed the casino markers and that the signatures on the markers are not his. Shortly after D left Las Vegas, P filed a complaint with the Clark County District Attorney's Office for passing bad checks in violation of NRS 205.130. P also filed a breach of contract suit. P filed three motions in limine seeking to exclude evidence or argument of D's gambling addiction, intoxication, and any alleged forgery. The district court granted the first two motions, prohibiting D from arguing about his gambling addiction or intoxication at trial, but denied the third motion, allowing D to argue that the casino markers were invalid forgeries. D moved for permission to testify at trial from Italy via video conference and an interpreter. If he appeared in Las Vegas for the trial he would be arrested on a bench warrant. The district court denied D's motion and the trial proceeded without his presence. P got the verdict of $2,626,075.81. D appealed.

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