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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
About Jack Hammer
Citizens gaming analyst Jordan Bender wrote in a 16 Sept. note that with the NFL season now under way: “Genius should benefit from increased spending across both traditional sports betting and the emerging prediction market industry.”
Added Bender: Genius’ recent deals with Kalshi and Polymarket “have provided an incremental positive catalyst for [Legend founder] Mr Kisberg and team”.
“We think investors will be looking for signs that Genius can leverage Legend’s relationship to capture a larger share of the rapidly expanding sports betting and prediction market opportunity,” he aded in a note this week.
About Jack Hammer
All nine of Atlantic City’s casinos agreed to new labour deals this summer without a strike, although its union opted for just one-year deals instead of the typical length of three or more years. This was in response to increased uncertainty related to looming competition from both New York City casinos and New Jersey’s own online gaming industry.
In Las Vegas, the Culinary Union has unionised the entire Las Vegas Strip and secured historic wage increases during the last round of negotiations. Those deals are about halfway done now, and Culinary is no stranger to strikes, having used them as leverage to secure new deals in the run-up to the inaugural Formula One Las Vegas Grand Prix in 2023 and and Super Bowl the following February.
Jess has covered the global gaming industry since 2022. A native of Reno, Nevada, he’d like to note that it’s Ne-va-da, not Ne-VAH-da.