Indiana’s Supreme Court to hear DFS case
A long-running lawsuit against FanDuel and DraftKings has a new hearing date set for June 28th.
US.- The Indiana Supreme Court has agreed to take into consideration how the state’s right-to-publicity statute affects the daily fantasy sports (DFS) industry, in order to provide guidance to a legal case pending in the 7th Circuit Court of Appeals.
The federal appellate panel hearing the case certified it to the Indiana Supreme Court to answer the following question: “Whether online fantasy-sports operators that condition entry on payment, and distribute cash prizes, need the consent of players whose names, pictures, and statistics are used in the contests, in advertising the contests, or both.”
This certification comes after the US District Court for the Southern District of Indiana dismissed a lawsuit presented by three former college football players against DraftKings and FanDuel. The players sued the companies for allegedly using their names, photos and statistics in their fantasy football betting programs without their consent.
Judge Frank Easterbrook said in March: “We appreciate the possibility that the answer to the question we have framed may not end this case. Defendants say that the Constitution supersedes any right of publicity that Indiana may recognise. It would be inappropriate for us to decide that question, however, without knowing exactly what it is that state law provides, otherwise we are at risk of issuing an advisory opinion.”
Counsel for both parties are expected to file principal briefs by May 18th, and response briefs will be due on June 9th. The justices will hear oral arguments on the certified question on June 28th.
