Positive indicators for a full-bench appeal court hearing on U.S. sports betting

News on 16 Sep 2015

In what appears to be a positive move for New Jersey’s request for a full-bench appeal court re-hearing of its long-running sports betting legalisation issue , the U.S. Court of Appeals for the Third Circuit has given the national sports leagues opposing the state 14 days to file responding briefs.

Our readers will recall that New Jersey is seeking judicial approval for its sports betting legalisation law, but having lost its latest appeal before a panel of three judges has claimed conflicting judgements have been made and asked for a full-bench of the court’s judges to re-hear the matter.

This week the court’s Judge Marjorie O. Rendell issued the request for briefings to the leagues, a move which legal experts have interpreted as a strong indication the court will grant New Jersey’s request, the Washington DC publication Politico reports.

Daniel Wallach, an appellate expert and sports attorney with Becker & Poliakoff commented: “New Jersey’s chances, under any measurement, received a significant boost today because these things usually just get swiftly denied.”

There were only three full-bench requests granted last year, Politico reports, noting that on the last occasion New Jersey requested an appeal re-hearing on the constitutionality of the federal ban, it was promptly denied without the court even asking for a response from the leagues.

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