Tuesday , August 22 2017
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The United States Supreme Court has granted cert to a sports law case for the first time in years.

Sports Law at SCOTUS: An Update on Sports Gambling and Fantasy Sports

Our weekly sports law links have been on a brief hiatus, but we want to make sure you’re caught up on the top sports law news around the country, so this week we’ll be updating you on the news you might have missed.

After a long drought, we finally have a real sports law case before the Supreme Court.  Yesterday, the Supreme Court granted certiorari in the New Jersey sports betting case.  Here’s the order.  What’s next in the case?  Podcast: Dan Wallach and Dan Werly discuss the news on Conduct Detrimental.  Michael McCann’s analysis.  Dustin Gouker explains the problem this poses for the leagues.  The league unions, at least, are thinking ahead and preparing for legalized sports gambling.  Michelle Minton discusses some of the federalism issues in the case.

Before cert was granted, the U.S. Solicitor General’s office had filed its brief with the Supreme Court, advising against certiorari.  The New Jersey Horsemen Association filed a brief in response.  John Brennan summarized the latest filings.  You can read all the cert-stage briefs here.

Dan Wallach thinks the cert grant could indicate PASPA’s days are numbered.  Meanwhile, a Congressional committee unveiled a draft of legislation to repeal PASPA.  What are the odds of its passing soon?  Wallach discussed the integrity framework that can save the bill.

Fantasy sports saw a significant legal development as well.  The FTC challenged the FanDuel-DraftKings merger.  Could DraftKings benefit from the holdup?

Another important decision flew under the radar: a judge ruled horseracing DFS entry fees are wagers.  How fantasy sports operators could be affected by the ruling.  Dan Wallach explains why the case is relevant to the DFS legal wars.

Best of the Rest:

  • Effort to legalize DFS in Alabama falls short.
  • Dustin Gouker: The NCAA has a fantasy sports problem, whether it admits it or not.
  • Our new fantasy sports laws and regulations chart tracks which states have enacted fantasy sports-specific regulations.

About Ian Gunn

Ian is a New Orleans attorney and a 2014 graduate of Tulane University Law School with a certificate in sports law. Before practicing law, he worked for the legal departments of the New Orleans Saints, the New Orleans Pelicans, and the San Antonio Spurs. He also interned for a player representation agency and an international stadium management company. At Tulane, he served as the Editor in Chief of The Sports Lawyers Journal, Senior Managing Editor of The Sports Lawyer, and as an officer for the Sports Law Society. Prior to attending Tulane, Ian graduated from the University of Georgia with a B.A. in philosophy, B.S. in psychology, and minor in political science.

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