Full Third Circuit to Hear New Jersey Sports Gambling Law Appeal

Print Friendly, PDF & Email

October 14, 2015

sports-gamblingOn Wednesday, October 14, 2015, the full Third Circuit court decided to hear New Jersey’s appeal, en banc, that the State’s sports gambling law violates the federal Professional and Amateur Sports Protection Act (“PASPA”). On August 25, 2015, the United States Court of Appeals for the Third Circuit, by a 2-1 decision, affirmed a lower court ruling that held that New Jersey’s sports gambling law violates PASPA. The New Jersey State law, passed by the State legislature in 2014 (the “2014 Law”), was crafted after an earlier version of the same law was found to violate PASPA. In its previous ruling, the Third Circuit noted that it did “not see how having no law in place governing sports wagering is the same as authorizing it by law.” The 2014 Law attempted to do just that, by purportedly removing restrictions on sports gambling in certain places in New Jersey. Despite the legislature’s best efforts to pass a sports gambling law that does not violate PASPA, a three-judge panel of the Third Circuit nevertheless ruled that “the 2014 Law violates PASPA because it authorizes by law sports gambling.”

Why Did a 3 Judge Panel Decide that the New Jersey Sports Gambling Law Violates PASPA?

New Jersey Sports Gambling Law Violates PASPA

PASPA makes it unlawful for, among other things, “a governmental entity to sponsor, operate, advertise, promote, license, or authorize by law or compact . . .” sports gambling. The Court rejected New Jersey’s argument that the 2014 Law does not provide authority for sports gambling because “[a]bsent the 2014 Law, New Jersey’s myriad laws prohibiting sports gambling would apply to the casinos and racetracks. Thus, the 2014 Law provides the authorization for conduct that is otherwise clearly and completely legally prohibited.” Additionally, the Court found that the statute violates PASPA because “the 2014 Law authorizes sports gambling by selectively dictating where sports gambling may occur, who may place bets in such gambling, and which athletic contests are permissible subjects for such gambling.”

Protect Yourself

As we have previously done, we will continue to post updates concerning New Jersey’s continued attempts to decriminalize sports gambling.

If you are interested in learning more about this topic, please e-mail us at info@kleinmoynihan.com or call us at (212) 246-0900.

The material contained herein is provided for informational purposes only and is not legal advice, nor is it a substitute for obtaining legal advice from an attorney.  Each situation is unique, and you should not act or rely on any information contained herein without seeking the advice of an experienced attorney.

Attorney Advertising

Similar blog posts:

New Jersey Governor Christie Loses Appeal to Legalize Sports Gambling

Nevada Paves Way for Legal Sports Gambling By Out-of-State Residents

New Jersey Sets Compliance Deadline for Internet Gaming Affiliates

David O. Klein

David O. Klein

David Klein is one of the most recognized attorneys in the telemarketing, technology, Internet marketing, sweepstakes and telecommunications fields. Skilled at counseling clients on a broad range of technology-related matters, David Klein has substantial experience in negotiating and drafting complex licensing, marketing and Internet agreements.

Schedule a Call
In The Know

Trending Topics

Creating a Viral and Legally Compliant "Pin to Win" Contest- Klein Moynihan Turco

Creating a Viral (And Legally Compliant) “Pin to Win” Contest

Print Friendly, PDF & Email

We have frequently written about the marketing benefits associated with the use of promotional contests and sweepstakes.  Promotional contests and sweepstakes often appear on social media platforms, which provide companies with a free and effective means to increase the number of consumers participating in their respective contests. While companies must

Facebook Decision defines a TCPA Autodialer- Klein Moynihan Turco LLP

Facebook Aftermath: Courts Clarify Definition of TCPA Autodialer

Print Friendly, PDF & Email

On April 1st, the U.S. Supreme Court released its opinion in Facebook, Inc. v. Duguid, marking a newly clarified definition of “autodialer” within the meaning of the Telephone Consumer Protection Act (“TCPA”). In the two weeks that followed, two federal courts have directly addressed the definition of TCPA autodialer as

Critical Role that TCPA Plays in Outbound Telemarketing- KMT

The Critical Role that the TCPA Plays in Outbound Telemarketing

Print Friendly, PDF & Email

If you’re running any sort of outbound telemarketing campaign – phone calls, voicemail drops, or text messaging – you need to understand the Telephone Consumer Protection Act (TCPA) and its enabling regulations. Call center operators are not the only businesses that employ outbound telemarketing to reach out to consumers. Using

How to Use Promotional Marketing the Legal Way: Klein Moynihan Turco LLP

How To Use Promotional Marketing The Legal Way

Print Friendly, PDF & Email

The use of promotional contests, games and sweepstakes marketing can be a dynamic and cost-effective way to increase sales, build a database of interested consumers and otherwise increase brand awareness and buzz. Consumers are more easily attracted to your marketing message by the opportunity to win prizes than with more

Share on facebook
Share on google
Share on twitter
Share on linkedin