On August 9, 2016, the United States Court of Appeals for the Third Circuit, sitting en banc, released its much-anticipated decision in NCAA v. Governor of New Jersey. The Third Circuit ruled, in a 10-2 vote, that New Jersey's latest effort to implement sports wagering in the state violated a federal statute known as the Professional and Amateur Sports Protection Act ("PASPA"). PASPA is a law that prohibits most states from authorizing by law sports wagering (Nevada, Delaware, Montana, and Oregon have varying levels of exemptions from PASPA). The decision affirmed a lower court ruling that New Jersey violated PASPA by partially repealing its sports wagering prohibitions.
Going forward, casino and racetrack operators should monitor both state and legislative developments regarding PASPA and sports wagering, as well as the likely appeal to the United States Supreme Court. To read the entire client alert, please click here
For more information, please contact Nicholas R. Amato, of Counsel, Chair of the firm's Casino & Gaming Law Practice Group, at firstname.lastname@example.org or 973-535-7136 or Jordan Scot Flynn Hollander, Associate with the firm's Casino & Gaming Law Practice Groups, at email@example.com or 973-387-7808.