NCAA Asks Ninth Circuit to Adhere to Seventh Circuit Ruling

On June 29, 2018, in a letter, lawyers representing the NCAA asked the Ninth Circuit to adhere to the Seventh Circuit’ recent decision and not revive a proposed wage-and-hour class action lawsuit brought by former NCAA football player, Lamar Dawson. The lawyer’s asked the Ninth Circuit to adhere to the June 25, 2018 Seventh Circuit ruling that upheld the NCAA’s controversial “year-in-residence rule.” The rule mandates that if a student athlete transfers from a division one institution to another division one institution, they are…
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Rhode Island All In On Sports Gambling

Rhode Island has become the third state to pass sports betting legislation. The Sports Law Insider has previously reported on both Delaware and New Jersey’s approved gambling legislation. Now, on Friday, June 22, Governor Gina Raimondo signed Rhode Island’s fiscal year budget, which included provisions for the state’s two casinos to offer legal sports betting through the Rhode Island lottery. With the passage of bill H.7200, sports wagering will begin at Twin River Lincoln casino and Twin River Tiverton casino on October 1,…
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SCOTUS Declines Opportunity to Reconsider MLB Antitrust Exemption

Major League Baseball’s immunity from antitrust violations under the Sherman Act has been called an “anomaly.” It has also been consistently upheld by courts since 1922, when it was unanimously affirmed by the Supreme Court of the United States. The exemption was codified by Congress in the Curt Flood Act of 1998, maintaining an exemption for MLB and its clubs when conducting the “business of baseball” and providing more freedom to players seeking free agency and salary arbitration. Despite striking out with lower courts, two…
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Mississippi Firearms Bill Unpopular with NCAA Conference Chief

On February 7, 2018, House Bill 1083, proposing to allow the carrying of certain firearms in public, overwhelmingly passed the Mississippi House. The bill would allow those with enhanced concealed carry permits to carry in such places as university campuses, in courthouses, and at sporting events. NCAA Southeastern Conference Chief, Greg Sankey, wasted no time in expressing serious concerns about potentially negative repercussions befalling Mississippi universities, should the bill become law. Specifically, Sankey took issue with future implications on collegiate athletic events, noting that “it…
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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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Amid Outside Pressure, North Carolina Replaces HB2

The discussions to repeal HB2 heated up last week after it was learned that North Carolina would potentially be excluded from hosting any NCAA events through the spring of 2022 absent a repeal of the law. Coincidentally, only hours before the NCAA deadline, the North Carolina legislature introduced HB142 which would replace HB2. The primary difference between HB2 and HB142 is that the latter exempts schools from state regulation of access to bathrooms, showers, and changing rooms. The law also prevents local governments…
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North Carolina Lawmaker Believes NCAA and ACC Engaged in Excessive Lobbying Over HB2

While the country is busy preparing their March Madness brackets, the fight over HB2 in North Carolina continues. As previously discussed on this blog, one impact HB2 had on North Carolina was the NCAA and ACC’s decision to remove several championship events away from the state. However, one North Carolina lawmaker has recently questioned whether the NCAA and ACC violated their tax-exempt status by moving sports championships outside of North Carolina. According to the IRS, no 501(c)(3) organization may qualify for tax-exempt status…
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Another State Launches Attack on the Federal PASPA: West Virginia Introduces Bill Calling for the Legalization of Sports Betting

West Virginia has joined several other states in their quest to legalize sports betting by introducing a bill that calls the federal prohibition on states from allowing the practice unconstitutional. On Wednesday, March 1, 2017, West Virginia State Representative Shawn Fluharty introduced House Bill 2751, which seeks to legalize and regulate sports betting in the state and alleges that the federal Professional and Armature Sports Protection Act (PASPA) is unconstitutional. The Bill declares that sports betting is lawful if it complies with the Lottery…
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