New Jersey State Assembly’s Not-So-Flowery Debate on Student-Athlete Pay

New Jersey is the latest state to advance a student-athlete pay-for-play bill. On November 14, 2019, New Jersey State Assemblywoman Lisa Swain and Assemblyman P. Christopher Tully introduced Assembly Bill 5863, or the New Jersey Fair Play Act.

Previously, we reported a slate of states, including California, passed or introduced student-athlete compensation bills. Like many of those bills, the New Jersey bill will allow student-athletes to earn compensation using their name, image, or likeness. However, some New Jersey State Assembly members voiced their concerns with …

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Over/Under: Two Steps Forward and One Step Back for Legal Betting in New Jersey

On Tuesday, May, 25, 2018 the Sports and Entertainment Law Insider discussed the Supreme Court’s landmark decision to strike down a federal statute controlling the states’ ability to regulate sports gambling. Shortly after, New Jersey became the first state to officially make wagering legal and gain access to the estimated $150 billion market by approving Assembly Bill A-411.

However, America’s professional sports leagues did not respond positively to New Jerseys’ legislation. Specifically, the leagues are worried about the potential for corruption and athletes manipulating the …

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Vikings Owners Granted Massive Reduction in Damages in RICO Suit

On June 1, 2018, a three-judge appellate panel in New Jersey reviewed a 26-year old racketeering case against Minnesota Vikings owners, Zygmunt, Mark, Leonard Wilf, and other defendants, determining that a nearly $103 million award must be reconsidered.

In its 90-page decision, the panel upheld Racketeer Influenced and Corrupt Organizations Act (RICO) claims, as well as some non-RICO claims, including fraud and breach of fiduciary duties. In doing so, however, it decided that the total award required reexamination because it improperly included RICO and non-RICO …

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Ex-Softball Coach Sues FDU; Alleges Termination Based on Bisexuality

On November 7, 2016, Fairleigh Dickinson University’s (FDU) former softball coach, Katherine Kelley, sued the university in New Jersey state court for alleged discrimination against her for being bisexual, and that she was fired for speaking out against bullies on the team. Kelley is seeking compensatory damages for pain, suffering and emotional distress for the university’s actions against her, and alleged FDU violated New Jersey’s Conscientious Employee Protection Act and Law Against Discrimination, as well as breached her employment contract. Kelley also claimed FDU did …

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Florida Law Professor Requests Argument Before Court on Sports Betting

On October 17, 2017, Florida State University professor Ryan Rodenberg asked the U.S. Supreme Court in an amicus brief to consider all of its options before ruling on a challenge to a federal sports betting ban. Rodenberg, whose research is in sports law analytics, requested the court to grant him five minutes in oral arguments to argue that the court should rule based on the Professional and Amateur Sports Protection Act (PASPA) without ruling on the law’s constitutionality.

Rodenberg’s amicus brief is his latest …

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Will the U.S. Supreme Court “Take a Gamble” on New Jersey’s Stance to Legalize Sports Betting?

On Tuesday, September 5, 2017, the State of New Jersey, a state horsemen’s association, and a group of policy members urged the United States Supreme Court to deem a federal law prohibiting states from authorizing sports betting unconstitutional. The Professional and Amateur Sports Protection Act (PASPA) is a federal law that directs states to maintain in effect their state-law prohibition on sports betting. New Jersey is trying to overturn the Third Circuit’s August 2016 holding that New Jersey’s attempt to repeal its sports betting …

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New Jersey Fights Back for Supreme Court Sports Betting Review

On Tuesday, June 6, 2017, New Jersey and the state’s Thoroughbred Horseman’s (NJHTA) association made a final push to convince the U.S. Supreme Court to review whether a federal law, PASPA, can prevent New Jersey from repealing its laws banning sports betting in its state. Also referred to as the Bradley Act (the name of the law’s main sponsor, Sen. Bill Bradley), PASPA was intended to stop the spread of sports betting in the United States. Passed in 1992, PASPA stopped new states from legalizing …

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U.S. Solicitor General Won’t Support Sports Betting in New Jersey

It may soon be another sad day in New Jersey for fans that enjoy betting on their favorite sport. A bill led by New Jersey Rep. Frank Pallone would have the Supreme Court overturn “the 25-year-old prohibition on state authorization of sports betting.” However, on Wednesday, May 24, 2017, United States Solicitor General Jeffrey Wall recommended that the Supreme Court deny New Jersey’s certiorari petition. There have been recent studies that the Supreme Court follows the recommendation of the Solicitor General 79.6 percent of …

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New Jersey Assembly Reaches Endzone with DFS Bill

On Monday, May 22, 2017, the New Jersey Assembly was able to advance a bill to the Senate that would regulate daily fantasy sports games in their state. Assembly Bill 3532 passed, following a 56-16 vote, with two members abstaining. The vote came just less than four months after unanimous approval by the Assembly’s Tourism, Gaming and the Arts Committee, and two months after an 8-3 approval by the Assembly Appropriations Committee.

The bill would regulate all fantasy or simulated activities or contests that utilize …

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No Property Tax on Government-Owned Stadiums in New Jersey

As of November 21, 2016, New Jersey Governor Chris Christie has amended New Jersey tax law to clarify that government-owned stadiums and arenas are exempt from property taxation.

The signing of this bill quells uncertainty following a decision by a New Jersey tax court which denied a non-profit hospital its tax benefits last year. The court’s decision was focused in part on the hospital’s mix of non-profit and for-profit activity. Up until this point, it was not clear whether the decision would bring forth similar …

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