News & Analysis as of

Gambling Appeals

McDonnell Boehnen Hulbert & Berghoff LLP

Beteiro, LLC v. DraftKings, Inc. (Fed. Cir. 2024)

Recently, the Court of Appeals for the Federal Circuit (CAFC) issued an opinion in Beteiro, LLC v. DraftKings Inc.[1]  This case is yet another case where the Federal Circuit upheld invalidity under § 101.  Here, the patents...more

Kaufman & Canoles

N.C. Court of Appeals Lifts Injunction in Skill-Games Case Opening Possibility of Criminal Prosecution

Kaufman & Canoles on

Last month, the North Carolina Court of Appeals dealt a blow to the skill-based gaming industry by overturning a trial court injunction which barred law enforcement from pursuing criminal charges against the litigants who are...more

Foley & Lardner LLP

A Potential New Paradigm for Daily Fantasy Sports

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Since the recent debut of mobile sports gambling in New York, citizens have started wagering on the production of skilled players to lead their bets to victory. More recently, however, “skilled” players of another kind scored...more

White and Williams LLP

NY Court of Appeals Rejects Constitutional Challenge to Daily Fantasy Sports Law, Reversing Lower Court Rulings

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On March 22, 2022, the New York Court of Appeals held that the historical prohibition on “gambling” in Article I, §9 of the New York Constitution does not encompass skill-based competitions like daily fantasy sports (DFS)...more

Katten Muchin Rosenman LLP

Kattison Avenue | Issue 3 - Summer 2020

Gambling With Graffiti: Using Street Art on Goods or in Advertising Comes With Significant Risks - Graffiti. Guerrilla Art. Street Art. Aerosol Art. Tagging. It appears on the sides of buildings, highway signs, boundary...more

Harris Beach PLLC

New York State Appeals Court Finds Daily Fantasy Sports Law Unconstitutional

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Last week, the New York Supreme Court's Appellate Division dealt a blow to a law authorizing daily fantasy sports contests in the state, by ruling the law directly violated the state constitution's prohibition on gambling. ...more

Carlton Fields

Ninth Circuit Affirms Denial of Motion to Compel Arbitration in Smartphone App Case Based on Obscure “Browsewrap” Arbitration...

Carlton Fields on

The Ninth Circuit recently denied a motion to compel arbitration after concluding that an arbitration agreement “buried” in difficult to access terms for a smartphone app did not put users on constructive notice that they...more

Hogan Lovells

“Come one, come all”: the Court of Appeal opens the floodgates and expands the scope of the jurisdictional gateways

Hogan Lovells on

Eurasia v Aguad [2018] EWCA Civ 1742 - The Court of Appeal (“CoA“) has held that two of the “general grounds” jurisdictional gateways (as opposed to those gateways which operate only in relation to a specific type of...more

Nossaman LLP

California Court Of Appeal Rejects Constitutional Challenges To New Felony Forfeiture Statute

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The evolution of vested rights jurisprudence in California is far from over, with the Second District Court of Appeal (“DCA”) stepping into the fray with its June 19, 2018 decision, Hipsher v. Los Angeles County Employees...more

Fenwick & West LLP

In-Game Currency Triggers State Gambling Laws, Rendering Mobile Game “Illegal Gambling”

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The U.S. Court of Appeals for the Ninth Circuit concluded on March 28 that virtual currency used in mobile games can qualify as a “thing of value” for the purpose of state gambling laws — a conclusion that, until now, has...more

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