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Federal appeals court grants New Jersey rehearing in sports betting case

The U.S. Court of Appeals for the Third Circuit tossed out an August 25 decision made by a three-member panel of its judges so that the entire court could reconsider the case.

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The leagues, made up of every major sports league and the NCAA, once again sued and got a favorable ruling from U.S. District Court judge Michael Shipp last November, with the appeal in the Third Circuit heard last winter.

It’s the latest development in a legal battle that dates back to 2012.

According to most interpretations of the current federal law barring sports betting, New Jersey did not act in time to be “grandfathered in” when the Professional and Amateur Sports Protection Act (The Bradley Act) of 1992 went into effect on January 1, 1993. First, a motion asking for a stay of any activation of sports-betting action by New Jersey’s casinos and pari-mutuel facilities would certainly be filed, followed by an almost-certain appeal by the case to the US Supreme Court, even if the Supreme Court is statistically unlikely to hear the case, having turned down an earlier version of the legal tussle.

“It’s huge”, Lesniak said.

“We already have two judges on our side”, he said. That law bans sports betting in all but four states: Nevada, Delaware, Montana and Oregon. Fuentes sided with New Jersey, while Rendell and Trump Barry opted for the arguments of the leagues, which also left PASPA’s standing prohibitions intact. “And this whole fantasy sports scheme is a distinction without a difference”.

“It has been a long battle for me, but it’s a very important battle because it will breathe life into Atlantic City and into our racetrack industry and bring tourism into Atlantic City, something that it needs very desperately right now”, said Lesniak, D-Union.

In addition to New Jersey voters approving the sports gambling referendum, there is clearly a groundswell of public support for the legalization of sports wagering.

“I look forward to succeeding in court and expect to see sports betting in Atlantic City and at the Monmouth Racetrack in time for the next Super Bowl”.

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“It’s anybody’s ballgame, but I believe New Jersey has the better of the arguments”, said Daniel Wallach, a sports and gambling attorney at Becker & Poliakoff in Fort Lauderdale, Florida, who’s been watching the case. “All signs are pointing to the majority siding with New Jersey”.

State Sen. Ray Lesniak D-Union says he's confident that New Jersey will win its bid to allow sports betting at the state's casino and horse racing tracks now that the full Third Circuit Court of Appeals has agreed to rehear its case. (NewsWorks file pho