US · ongoing · ~6 min read
Cornish-Adebiyi v. Caesars (Rainmaker)
2023–present · hotel rooms, revenue-management software
A federal appeals court put the Atlantic City hotel-algorithm case back on track in July 2026 and refused a rehearing in October. It is live again. The Las Vegas version of the claim stayed dismissed.
The story
Guests say Caesars and other Atlantic City casino-hotels used one pricing tool, Cendyn's Rainmaker.
On July 29, 2026 the Third Circuit said the complaint plausibly alleged a hub-and-spoke deal because of shared nonpublic data and high adherence.
On October 2, 2026 the court denied en banc rehearing. The case returns to the district court.
Why it matters
Room rates are the price at issue.
The same software lost in the Ninth Circuit on a different legal theory.
What was claimed
Competitors exchanged current nonpublic occupancy and price data through Rainmaker.
They followed the software's rates even when occupancy was falling.
The other side
Using the same software is not automatically a conspiracy. The hotels and Cendyn can still contest the facts.
What it means for you
A revived complaint is not a refund.
Las Vegas claims based on the vertical theory were not revived by this ruling.
Bottom line
The Atlantic City Rainmaker case is live after the October 2, 2026 rehearing denial. Gibson v. Cendyn is a separate, dismissed case.
Timeline
29 July 2026
Dismissal reversed
The Third Circuit revived Cornish-Adebiyi v. Caesars, No. 24-3006.
2 October 2026
Rehearing denied
The Third Circuit denied en banc rehearing.
Key dates
- Third Circuit revival
- 29 July 2026
- Rehearing denied
- 2 October 2026
Formal snapshot
Summary: Atlantic City casino-hotels are accused of fixing room rates through Cendyn's Rainmaker software. The Third Circuit revived the case on July 29, 2026 and denied rehearing on October 2, 2026.
Regulator / plaintiff argument: Plaintiffs say the hotels shared current nonpublic prices and occupancy and followed Rainmaker's recommendations about 90 percent of the time.
Outcome: The case is back for litigation after the appeal. There is no trial verdict. A similar Las Vegas case, Gibson v. Cendyn, remains dismissed.
Conduct tags
Laws referenced
- Sherman Act §1 — 15 U.S.C. §1
Companies
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