Robert J. Pachinger v. Mgm Grand Hotel-Las Vegas, Inc., and Does I Through V, Inclusive

Robert Pachinger appeals from the district court’s dismissal for lack of subject-matter jurisdiction. The district court ruled that, because the Nevada Innkeeper statute limited Pachinger’s recovery to less than the $10,000 amount-in-controversy required in diversity cases by 28 U.S.C. § 1332 , the court lacked jurisdiction. We affirm.

I.

Upon his arrival at the MGM Grand Hotel in Las Vegas, Pachinger, a jewelry salesman, checked his luggage and jewelry samples with the bellhop at the door. Pachinger told the bellhop that the samples were valuable. The bellhop assured him that the hotel would safeguard the valuables. The bellhop gave Pachinger a claim check that referred to the availability of safe deposit boxes in the hotel and that purported to limit MGM’s liability to $250. Inside the lobby Pachinger attempted to follow the bellhop and his bags into an “Employees Only” storage area but was turned away with the assurance that his bags were safe. After checking in and going to his room, Pachinger received his luggage and discovered that one of the cases of jewelry samples was missing. It was never found.

Pachinger sued in the Southern District of Nevada in diversity, alleging…