The United States Supreme Court’s opinion in Hyatt v Franchise Tax Board , issued earlier this week, puts to rest twenty years of litigation with a decision concluding that the litigation was unconstitutionally filed in the...more
Under constitutional principles of United States law, states generally enjoy sovereign immunity. This immunity, enshrined in the 11th amendment of the US Constitution, bars private parties from bringing lawsuits against the...more
On May 13, 2019, the Supreme Court decided Franchise Tax Board of California v. Hyatt, No. 17-1299, holding that a private party may not sue a non-consenting state in another state’s courts. In Nevada v. Hall, 440 U.S. 410...more
On September 27, 2018, the U.S. Court of Appeals for the Second Circuit (Second Circuit) affirmed a district court’s finding that New York’s Zero Emissions Credit (ZEC) program is not preempted by federal law. The Second...more
Earlier this year, the U.S. Supreme Court ruled in Murphy v. National Collegiate Athletic Association that the Professional and Amateur Sports Protection Act violated the 10th Amendment of the U.S. Constitution because it...more
In a surprisingly terse opinion, the U.S. Court of Appeals for the Seventh Circuit (Seventh Circuit) recently affirmed a district court’s finding that Illinois’ Zero Emissions Credit (ZEC) program is not preempted by federal...more
Is Sports Betting Legal? Until a recent Supreme Court decision addressed the question, the answer was fairly straightforward: sports betting was allowed in only four states. All other states were prohibited from legalizing...more
In May of 2018, the United States Supreme Court struck down the Professional and Amateur Sports Protection Act (PASPA) on 10th Amendment grounds. The Court’s decision stripped sports leagues of their statutory right to...more
• The U.S. Supreme Court's recent landmark decision in Murphy v. National Collegiate Athletic Association,et al. overturned the Professional and Amateur Sports Protection Act of 1992 (PASPA), effectively granting each state...more
On May 14, 2018, the U.S. Supreme Court issued its long-awaited decision in Murphy v. NCAA, which struck down as unconstitutional a federal statute that banned states from authorizing sports gambling. Just 28 days later, on...more
After much speculation and anticipation, the U.S. Supreme Court today ruled that the States may conduct sports betting, and struck down the Professional & Amateur Sports Protection Act (“PASPA”). In the case of Murphy v....more
• The Supreme Court in Murphy v. NCAA ruled 7-2 that a federal law prohibiting states from authorizing sports betting violated the constitutional rule that the federal government may not “commandeer” the states. • The...more
Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more
On Monday, the Supreme Court opened the door for states across the country to authorize sports gambling within their borders—a decision that could have a dramatic effect in the world of sports and potentially weaken the...more
On May 14, the United States Supreme Court struck down a federal law that effectively prohibited states from legalizing sports betting. The Court’s decision breaks Nevada’s monopoly on sports betting and will empower state...more
This week, the U.S. Supreme Court issued a landmark decision authorizing the states to decide whether sports betting should be legal within their borders. In its decision, the Court struck down certain provisions of the...more
Since 1992, the Professional and Amateur Sports Protection Act ("PASPA"), 28 U.S.C. § 3702, has, among other things, made it unlawful for U.S. states (with the exception of Nevada and three other "grandfathered" states) to...more
The U.S. Supreme Court this week struck down a federal law that prohibits most states from allowing gambling on competitive sporting events. The Court's May 14 ruling in Murphy v. NCAA has significant potential implications...more
On May 14, 2018, the United States Supreme Court issued an opinion with nationwide ramifications that could create a potentially massive new industry. In Murphy v. National Collegiate Athletic Association, the Court found...more
In a victory for states’ rights and sports fans looking to cash in on their insight, the Supreme Court ruled today in favor of allowing states to determine whether to legalize sports wagering in Murphy v. NCAA. Writing for...more
The Supreme Court’s seminal decision in Murphy v. NCAA (formerly known as Christie v. NCAA) removes the federal ban on sports betting and returns to the states the ability to regulate sports betting. Some may believe the...more
On May 14, 2018, the U.S. Supreme Court declared that the Professional and Amateur Sports Protection Act (PASPA) was unconstitutional – meaning it’s up to the states to decide whether to allow its residents to bet on sports....more
The United States Supreme Court's decision today in favor of New Jersey's gambling interests eviscerated the federal government's prohibition on sports gambling across the nation. The case, now known as Murphy v. NCAA, goes...more
On May 14, 2018, the Supreme Court decided Murphy v. National Collegiate Athletic Association, No. 16-476, in which it held that the Professional and Amateur Sports Protection Act of 1992 (PASPA), 28 U.S.C. § 3701 et seq.,...more
In the 2017-18 term, the U.S. Supreme Court will decide a number of potentially significant disputes relevant to businesses, including those involving constitutional protections, class actions and other corporate liability...more