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However, McFadden’s ruling left the door open for Interior to formally reconsider the underlying gaming eligibility question.
Scotts Valley has maintained that federal officials reversed course under intense political pressure from the Yocha Dehe Wintun Nation, a neighboring tribe that opposes the Vallejo casino development.
During Friday’s hearing, McFadden appeared skeptical that Scotts Valley had met the rigorous legal standard required to demonstrate irreparable harm. He has not yet issued a ruling on the preliminary injunction request.
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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
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Holland Casino was one of the first operators out of the gate when the newly-minted market opened in 2021, and while they don’t have the position they occupied in those early days, the company’s online offering is healthy. When they launched online, Petra says “we were very well known for – and are very well known for – responsible gaming.
“That was the reason why we joined [online as well as land-based]. But we were a full brick-and-mortar company so it took us some time to prepare for that market. In the beginning, the market share was of course higher because you only had 10 operators and we had a very well-known brand name, but now the market is much bigger and you have operators more specialised in sports betting and things like that. We have dropped down a bit.”
The Netherlands has a government that may be a little heavy handed, a regulator that knows this, and a monopolistic operator that’s trying to do its best for the customer. The industry is an active participant in trying to erradicate the growing illegal market. This week, state-lottery operator Nederlandse Loterij took action against the offshore operator behind the brand Skyhills, ordering them to cease serving Dutch players.