Five grounds for dismissal
The attempts by DFS operators FanDuel and DraftKings to obtain a stay on the preliminary injunction against them obtained by New York AG Eric Schneiderman in December has triggered a lengthy court filing in response from Schneiderman, strongly opposing such a stay, and giving five reasons why it should not be granted.
In tweets Thursday Wallach Legal reported extensively on the filing and the New York AG's perspective on the DFS issue in general, and the two market leading operators in particular (see here: https://twitter.com/WALLACHLEGAL/status/702848131340357632/photo/1)
Schneiderman has asserted on numerous occasions that DFS companies activities constitute gambling in terms of New York state law, pointing to New York Penal Law Section 225, in which gambling is defined as wagering on a contest where "the outcome depends in a material degree upon an element of chance" or on a "future contingent event" not under the participant's "control or influence."
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