In no particular order of importance:
- NCAA v. Governor of N.J., et al., nos. 14-4546, 14-4568, and 14-4569 (3d Cir. Aug. 25, 2015). Third Circuit panel rebuffs NJ’s effort to authorize sports gambling; some commentators predict en banc review or appeal to the USSC.
- Kaplan v. Comm’r., IRS, no. 14-2342 (7/29/15); Eighth Circuit affirms Tax Court ruling imposing $37 million income tax, interest, and penalties liability on Gary Kaplan, previously-convicted operator of the then-largest illegal online sports book. Added to nearly $50m in forfeitures, case shows these prosecutions pay for themselves many times over: Tell your US Atty!
- Judicial Watch, Inc. v. U.S. Department of Justice, no. 1:15-cv-1132 (D.D.C.). Judicial Watch has filed a FOIA-based law suit vs. DOJ re the department’s ongoing failure to produce records relating to the Office of Legal Counsel’s evident misinterpretation of the Wire Act, announced in Dec. 2011; the defendant’s answer is due Sept. 18th.
- Kelley, et al. v. Star Markets Co., Inc., no. 1581-cv-01174 (Middlesex Superior Court, MA) Injunctive relief and nominal damages sought by plaintiffs, whose complaint reveals supermarket chain’s disregard of responsibility for ensuring lottery ticket vending machines are not used by minors. When vendors’ interests are to sell as many tickets as possible, their continued exploitation and abuses of children seem likely, nation-wide.
- Stevens v. MTR Gaming Group, Inc., et al, no. 5:14-cv-11111 (NDWV). Widow of respected businessman and community leader, turned addicted gambler and driven to suicide, sues a casino and slot machine designer/distributor. Recently, the NDWV federal court has certified 3 state law questions to WVa. S. Ct. and denied, without prejudice (awaiting the answers to those questions), the defendants’ motions to dismiss.
- Soto, et al. v. Sky Union LLC (“Castle Clash” case) and Phillips v. Double Down Interactive LLC (“Double Down” case) (both pending in Cook County, IL, Circuit Court). Plaintiffs identify unlawful gambling elements built into popular social media games. Defense motions to dismiss pending.
- Justin Curzi, On Behalf of Himself and All Other Similarly Situated Individuals v. Oregon State Lottery, IGT (Inc.), GTECH USA, LLC, and WMS Gaming Inc., case number 14CV20598 (Circuit Court for the State of Oregon, County of Multnomah). The suit alleges the “auto hold” feature of video poker games is represented to players as implicitly providing the best possible playing strategy, but that the feature, in fact, does not maximize the players’ odds of winning and actually impairs those odds. The suit seeks in excess of $134.0 million in monetary damages. Appeal of the case’s dismissal is expected.
- The Family Trust Foundation of Kentucky, Inc., d/b/a The Family Foundation v. Kentucky Horse Racing Comm’n., et al., no. 2010-CI-1154 (Franklin Circuit Court, Commonwealth of Kentucky). Plaintiff seeks an advisory opinion regarding legality of so-called “instant racing machines,” also known as historical racing machines, which operate substantially as slot machines and are believed to present similar dangers. Case has been to Ky. S. Ct. already, which ruled plaintiff is entitled to discovery. Industry defendants appear to be non-compliant, which may suggest they have something to hide. (In 2006, in a somewhat similar context, in Wyoming Downs Rodeo Events, LLC v. State, 2006 WY 55, the Wyo. S. Ct. saw through the euphemistic “…racing” labeling of these electronic gambling machines (EGMs), saying “…[W]e are not dealing with a new technology here, we are dealing with a slot machine that attempts to mimic traditional pari-mutuel wagering. Although it may be a good try, we are not so easily beguiled.” Later, the state’s legislature was easily beguiled, however, and passed legislation authorizing these EGMs.)