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DraftKings appeals preliminary injunction in New York

According to the DFS operator, the court committed several errors of law.

The court sided with state Attorney General Eric Schneiderman and imposed a preliminary injunction against daily fantasy sports operators in New York.

US.- Daily fantasy sports (DFS) operator, DraftKings, filed a 67-page appeal against the preliminary injunction imposed by the court, citing horse racing and spelling bees. AG office suggested that “a small number of professional gamblers profit at the expense of casual players,” which persuaded Judge Manuel Mendez to impose the injunction. DraftKings argues that this allegation is proof that fantasy sports is not gambling, as those with greater skill do better.

The appeal compares the skill of the fantasy sports player to the horse owner who “competes based on the performance of his horse.”  It explains that rather than gambling stakes, it merely collects entry fees. Furthermore, the appeal puts other tournaments where random factors can make the outcomes unpredictable, such as dog shows and spelling bees, under the same umbrella, saying that they would be “criminalised” under Judge Mendez’s ruling.

“The court applied the wrong legal standard, and ignored the undisputed evidence, in finding that daily fantasy sports contests are games of chance,” concluded DraftKings in its appeal.

“Daily fantasy sports are skill-based games that are, and should be, legal,” stated attorney David Boies. “DraftKings contests are no less legal than season-long fantasy sports, which the Attorney General has repeatedly conceded are legal.”

 

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