Massachusetts Bill Proposes Legalization of Daily Fantasy Sports Amid Pending Supreme Court Ruling

On February 14, 2018, Massachusetts Legislature introduced a bill aimed at legalizing and taxing daily fantasy sports (DFS).  The timing for the bill could be particularly timely depending on how the Supreme Court decides to rule on the Professional and Amateur Sports Protection Act (PASPA), which currently prohibits sports betting across the country.  As we have previously covered, the issue is still pending with the Supreme Court, though many states are hopeful for a decision by mid-March. Senator Eileen Donoghue, the initiator of bill…
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NFL Requests Hernandez Suit to be Paused

On November 15, 2017, the NFL moved a Massachusetts federal court to stay the proceedings of the lawsuit filed by Aaron Hernandez’s daughter for his late-stage chronic traumatic encephalopathy (CTE) until a decision is made about transferring the case to multidistrict litigation. After Hernandez committed suicide in prison, it was found that he had stage three CTE at the age of 27, which is most commonly seen in men in their 60s. Hernandez’s daughter claimed the NFL knew about CTE since the 1960s but did…
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Hernandez’s Daughter Adds Helmet Maker in Refiled CTE Suit

On October 16, 2017, Aaron Hernandez’s daughter, Avielle Hernandez, filed suit in Massachusetts state court against the NFL and helmet maker Riddell Inc. for Hernandez’s post-death diagnosis of chronic traumatic encephalopathy (CTE). This suit was filed a few days after Avielle’s lawyers withdrew her suit in federal court against the NFL and the New England Patriots. However, the New England Patriots were left out of the Massachusetts state court suit. Avielle’s attorney stated that a separate action involving the Patriots will be filed at a…
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DraftKings and FanDuel Agree to Pay $2.6 Million to End Massachusetts Attorney General Investigation

On September 7, 2017, DraftKings and FanDuel, two daily fantasy sports platforms, agreed to pay $2.6 million to settle the Massachusetts investigation into their unfair and deceptive practices. The Massachusetts Attorney General’s Office did not state what the violations were, but the fines are the result of a 2015 investigation into the two companies’ business operations. In its 2015 investigation the Attorney General’s Office noted that consumers did not have adequate protections from the websites’ operators and more regulation was needed. This led to the…
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Fantasy Sports Suspend College Sports Contests

Daily fantasy sports companies DraftKings and FanDuel have voluntarily agreed to suspend DFS contests involving college sports. This agreement arises after months of discussions between the fantasy sports companies, the NCAA, its member schools, and various state legislatures. As the March Madness Tournament winds down, the agreement to suspend fantasy college contests will go into effect after tonight’s championship game. DraftKings and FanDuel have been battling over the legality of their fantasy sports contests for quite some time. For example, DraftKings and FanDuel recently agreed…
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Class Actions v. DraftKings, FanDuel to be Consolidated in Massachusetts

Following the alleged October 2015 insider trading scandal involving daily fantasy sports (DFS) industry giants DraftKings, Inc. and FanDuel, Inc., a slew of consumer-based class actions were filed against the two companies. In December 2015, DraftKings and FanDuel agreed with the plaintiffs that the cases should be consolidated in a single jurisdiction. Both companies argued before the Judicial Panel on Multidistrict Litigation that the consolidation should occur within the U.S. District Court of Massachusetts, where DraftKings is headquartered. The Panel ultimately agreed with DraftKings and…
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Daily Fantasy Sports Industry Voices Concerns Over Mass. AG’s Regulations Proposal

On January 12, 2016, the State of Massachusetts held a public hearing on proposed regulations for daily fantasy sports gambling (DFS). The DFS industry voiced many concerns. In November 2015, Mass. Attorney General Maura Healey proposed consumer protection regulations. Rather than banning DFS altogether, the proposed regulations would seek to ensure transparency, truthful advertising, and the protection of the young. Such regulations would prohibit Massachusetts DFS players less than 21 years of age. The proposal also seeks to place a $1,000 monthly deposit limit…
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Mass. Gaming Commission: Daily Fantasy Sports May Still be Illegal Despite Regulation Proposal

On January 11, 2016, the Massachusetts Gaming Commission released a report questioning the legality of daily fantasy sports (DFS) under state laws. The report, called the “White Paper on Daily Fantasy Sports,” was issued the day before the public hearing on Mass. Attorney General Maura Healey’s proposed regulations. In November 2015, Healey proposed consumer protection regulations for DFS rather than banning companies’ operations altogether. In sum, the Commission argued that while regulations may protect consumers, they do not change the fact that DFS…
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Camille Cosby Wins the Battle, Not the War

Camille Cosby was set to be deposed in a sexual misconduct and defamation lawsuit filed by seven different accusers against her husband, comedian Bill Cosby, on Wednesday, January 6, 2016 in Springfield, Massachusetts. In an attempt to block the subpoena, Mrs. Cosby’s attorneys filed a motion to quash the subpoena for the deposition on the basis that information gathered would be protected by the marital privilege. The motion to quash was denied by United States Magistrate Judge David H. Hennessy. The Magistrate wrote that he…
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Daily Fantasy Sports in Massachusetts: AG Proposes Regulations Rather Than Prohibition

On Thursday November 19, 2015, Massachusetts Attorney General Maura Healey released proposed regulations for daily fantasy sports (DFS). The proposal follows New York Attorney General Eric Schneiderman’s decision to completely ban the two industry leaders— DraftKings and FanDuel — from accepting wagers from New York residents. Unlike Schneiderman’s decision, which is currently being questioned in New York state courts, Healey proposes increased regulations rather than a complete prohibition. In a statement, Healey argued that the DFS industry “cries out for transparency and robust consumer protection.”…
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