Delaware appeal – Urgency opposed

News on 14 Aug 2009

The attempt by major US sports leagues to appeal for an urgent injunction to stop the state of Delaware from going ahead with its sportsbetting plans prior to a hearing December 7th is being opposed by state lawyers.
The issue flows from a new law passed by the state legislature allowing sportsbetting in the state, which the sports leagues challenged as unconstitutional. Last week a federal judge set the dispute down for hearing December 7th, but refused to grant a request for an injunction preventing Delaware from going ahead with its plans in the meantime (sportsbetting on the football season commences September).
The leagues then appealed the judge’s ruling on the injunction, citing exceptional circumstances and asking that the state be prevented from opening its sportsbetting until the December 7th case has been finalised.
Delware state’s response to the appeal is to oppose it, claiming that the sports leagues have not shown that there are exceptional circumstances justifying the injunction.
“Plaintiffs cannot show that Delaware’s sports lottery will have serious consequences and cannot show that the immediate appeal is their only means of effective challenge,” state legal representative Andrew Bouchard claimed.

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