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Per the ruling, the Ninth Circuit determined that Kalshi’s sports event contracts amount to unauthorised gaming under the Indian Gaming Regulatory Act (IGRA) when accessed on tribal land.
“Today’s decision reinforces a fundamental principle: when sports wagering occurs on Indian lands, federal Indian gaming law matters,” said Bean on Wednesday.
Matt is primarily responsible for long-form feature coverage on complex sports betting scandals. He also provides coverage on finance, M&A and other technological developments.
About Balloon Pop - Connect & Match
The federal government says a California tribe opened a short-lived casino despite repeated warnings that its legal authority to operate was under review.
On Friday, a Department of Justice attorney told a federal judge that the Scotts Valley Band of Pomo Indians knew the Interior Department could reverse an earlier determination that its Vallejo land was eligible for gaming.
Despite those warnings, the tribe opened its “Preview Casino” on July 24, offering Class II gaming out of modular structures.
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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.