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2023-2024 Legal Issues Sports Betting 1 (2023-2024)

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Spring 2023


My Legal


Disgruntled Fantasy Football Player Sues

DraftKings


By Dr. Robert J. Romano, JD, LLM,
St. John's University, Senior Writer
    s most sports fans are aware, the
    Monday  Night Football game on
January 2, 2023, between the Buffalo
Bills and Cincinnati Bengals was sus-
pended after Bills' defensive back Damar
Hamlin collapsed and went into cardiac
arrest with 5:58 minutes remaining in
the first quarter following a tackle of
Cincinnati's wide receiver Tee Higgins.
The NFL  subsequently announced that
the game would not resume but would
be cancelled altogether.1
  A  week later, on January 9, 2022,


Simpson G. Turley filed a civil action
against DraftKings, Inc., an online
sportsbook that hosts a variety of fantasy
sport competitions, in the United States
District Court, District ofMassachusetts.
Mr. Turley claims he suffered damages,
because DraftKings, rather than follow
its own rules and regulations in situations
where the NFL suspends or otherwise
cancels a game, arbitrarily offered
payouts to customers who led in certain
contests, while at the same time canceling
and refunding entry fees for other online
gambling competitions.2 Per his four-


                                    2  Turley v. DraftKings, Inc. et ai, Docket No.
1
                                                 See FANTASY on Page 4

Patent Fights - One-off Occurrence, or

a  Sign of Things to Come in the Sports


Bookie


Disgruntled Fantasy Football
Player Sues DraftKings  1

Patent Fights - One-off
Occurrence, or a Sign of Things
to Come in the Sports Betting
Industry?                  1

Genius Sports Issues Statement
Following Settlement of
Litigation                 2

More Than 50 percent of U.S.
Say Sports Betting Should Be
Legal                      2

T.P. Racing's Bid for Sports
Betting License in Arizona
Doomed  by Failure to Show
It Owns a Pro Team or a
Franchise                  3

Study: Gambling Advertising
Restrictions Could Reduce
Harm                       4


Betting Industry?
By Jared Good
   n a case involving three companies in
   the sports betting industry, a federal
judge from District of Nevada dismissed
the lawsuit of one of the companies,
which alleged the other two companies
infringed upon its patent. In so ruling,
the court agreed with the defendants,
which argued that the plaintiffs patent is
directed toward patent-ineligible subject
matter and thus an infringement claim
is not viable.

Background
With the collapse of the Professional and


Amateur Sports Protection Act (PASPA)
following the Supreme Court's ruling in
Murphy  v. National Collegiate Athletic
Association, companies like Fanduel,
MGM,   Caesars and DraftKings, among
others, have taken over the legal sports
betting market. With all the attention
directed at the sportsbooks, most con-
sumers are not aware of the underlying
technology that allows for these betting
systems to function. Given Nevada's
role as the preeminent gambling market
of the United States, it is not surprising


See BETTING on Page 5


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