3rd Circuit Affirms Ruling in NJ Sports Gambling Case

On behalf of the NCAA, NBA, NFL, NHL and MLB, Skadden secured the affirmance of the grant of summary judgment and a permanent injunction preventing New Jersey from implementing sports betting in state casinos and racetracks. New Jersey had enacted a bill that purported to "repeal" the state's prohibitions against certain types of sports wagering, but only at New Jersey casinos and racetracks. On August 9, the U.S. Court of Appeals for the 3rd Circuit, en banc, affirmed the district court's ruling that, although the New Jersey law was phrased as a "repeal," the plaintiffs demonstrated that it operated as an authorization of sports betting at preferred venues and therefore violated the federal Professional and Amateur Sports Protection Act (PASPA). The court also reaffirmed the constitutionality of PASPA.