{"id":108393,"date":"2019-07-04T09:59:20","date_gmt":"2019-07-04T16:59:20","guid":{"rendered":"https:\/\/www.casino.org\/news\/?p=108393"},"modified":"2019-07-04T09:59:20","modified_gmt":"2019-07-04T16:59:20","slug":"appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit","status":"publish","type":"post","link":"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/","title":{"rendered":"Appeal Judges Offer Monmouth Park Hope in $150 Million Lawsuit Against Sports Leagues"},"content":{"rendered":"

Appellate judges in Philadelphia appeared sympathetic Tuesday to arguments by lawyers representing Monmouth Park that an unconstitutional reliance on PASPA was damaging to the racetrack\u2019s business, suggesting the scales of justice may have tipped in its favor.<\/p>\n

\"Monmouth
A 2014 injunction that prevented Monmouth Park from launching its sports betting operations almost put the racetrack out of business, according to its lawyers, who found sympathy among appellate judges this week. (Image: Peter Ackerman\/Asbury Park Press)<\/figcaption><\/figure>\n

This is the attempt by the New Jersey racetrack — or more accurately the New Jersey Thoroughbred Horsemen\u2019s Association (NJTHA), which owns the land lease to the racetrack — to claim millions in damages<\/a> from the NCAA and the four major sports leagues for their obstruction of sports betting.<\/p>\n

In 2014, after New Jersey had passed a law to decriminalize sports betting, Monmouth Park was days away from launching its sports book, but a last-minute injunction sought by the leagues and granted by a federal judge, nixed those ambitions.<\/p>\n

Last May, the US Supreme Court shot down the Professional and Amateur Sports Protection Act, the law that had banned state-sanctioned sports betting, which the leagues had cited in their case for the injunction.<\/p>\n

\u201cThey had a right to it all along,\u201d Ronald Riccio, of the firm McElroy Deutsch, representing NJTHA, told the appellate court Tuesday, as reported by The Courthouse News.<\/em><\/p>\n

Bad Faith <\/strong><\/h2>\n

NJTHA believes it is entitled to $150 million, which it argues is the economic damage the racetrack suffered from 2014 up to 2018 when the first legal sports wager in New Jersey was placed by Gov. Phil Murphy.<\/p>\n

It also argues that the leagues acted in bad faith by supressing sports betting on \u201cintegrity\u201d grounds while profiting from sponsorship deals with daily fantasy sports companies.<\/p>\n

\n

In November, Judge Michael Shipp, the very judge who had granted the 2014 injunction, dismissed the case<\/a>, ruling that the sports leagues had applied what it understood to be the law \u2013 and, in fact, was the law \u2013 at the time, PASPA.<\/p>\n<\/div>\n

NJOnlingGambling reports the appellate judges were uninterested in the demand for $150 million in damages because this particular claim had been sidestepped by the Shipp in November.<\/p>\n

\u201cWe\u2019re a reviewing court,\u201d said Judge Midge Rendell. \u201cWe don\u2019t address avoided issues.\u201d<\/p>\n

$3.4 Million Bond Up for Grabs<\/strong><\/h2>\n

But Rendell was prepared to accept NJTHA had been\u00a0\u201cwrongfully enjoined\u201d from offering sports betting.<\/p>\n

\u201cThey were wrongfully prevented from doing what they should have been allowed to do because the Supreme Court ruled it was unconstitutional,\u201d she said.<\/p>\n

Attention turned to a a $3.4 bond, paid by the sports leagues in 2014 in case they lost the case, which was meant to represent potential damages, and which NJTHA also argues it should be entitled to.<\/p>\n

That claim was rejected by Shipp in November, but the panel of judges seemed inclined to side to with the NJTHA on this one, which means it may not be getting $150 million, but it could be getting something \u2013 and that\u2019s better than a kick in the teeth.<\/p>\n","protected":false},"excerpt":{"rendered":"

Appellate judges in Philadelphia appeared sympathetic Tuesday to arguments by lawyers representing Monmouth Park that an unconstitutional reliance on PASPA was damaging to the racetrack\u2019s business, suggesting the scales of justice may have tipped in its favor. This is the attempt by the New Jersey racetrack — or more accurately the New Jersey Thoroughbred Horsemen\u2019s […]<\/p>\n","protected":false},"author":36,"featured_media":108398,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[14577,60,16,1074],"tags":[],"acf":[],"yoast_head":"\nAppeal Judges Offer Monmouth Park Hope in $150 Million Lawsuit<\/title>\n<meta name=\"description\" content=\"Monmouth Park finds sympathy with appellate judges in lawsuit against the sports leagues over sports betting 2014 injunction but $150 million off table.\" \/>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/\" \/>\n<meta property=\"og:locale\" content=\"en_US\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"Appeal Judges Offer Monmouth Park Hope in $150 Million Lawsuit\" \/>\n<meta property=\"og:description\" content=\"Monmouth Park finds sympathy with appellate judges in lawsuit against the sports leagues over sports betting 2014 injunction but $150 million off table.\" \/>\n<meta property=\"og:url\" content=\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/\" \/>\n<meta property=\"og:site_name\" content=\"Casino.org\" \/>\n<meta property=\"article:publisher\" content=\"https:\/\/www.facebook.com\/Casino.OrgNews\" \/>\n<meta property=\"article:published_time\" content=\"2019-07-04T16:59:20+00:00\" \/>\n<meta property=\"og:image\" content=\"https:\/\/www.casino.org\/news\/wp-content\/uploads\/2019\/07\/monmouth.jpg\" \/>\n\t<meta property=\"og:image:width\" content=\"2986\" \/>\n\t<meta property=\"og:image:height\" content=\"1680\" \/>\n\t<meta property=\"og:image:type\" content=\"image\/jpeg\" \/>\n<meta name=\"author\" content=\"Philip Conneller\" \/>\n<meta name=\"twitter:card\" content=\"summary_large_image\" \/>\n<meta name=\"twitter:creator\" content=\"@casinoorgphilc\" \/>\n<meta name=\"twitter:site\" content=\"@Casino_Org\" \/>\n<meta name=\"twitter:label1\" content=\"Written by\" \/>\n\t<meta name=\"twitter:data1\" content=\"Philip Conneller\" \/>\n\t<meta name=\"twitter:label2\" content=\"Est. reading time\" \/>\n\t<meta name=\"twitter:data2\" content=\"3 minutes\" \/>\n<script type=\"application\/ld+json\" class=\"yoast-schema-graph\">{\"@context\":\"https:\/\/schema.org\",\"@graph\":[{\"@type\":\"WebPage\",\"@id\":\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/\",\"url\":\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/\",\"name\":\"Appeal Judges Offer Monmouth Park Hope in $150 Million Lawsuit\",\"isPartOf\":{\"@id\":\"https:\/\/www.casino.org\/news\/#website\"},\"primaryImageOfPage\":{\"@id\":\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/#primaryimage\"},\"image\":{\"@id\":\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/#primaryimage\"},\"thumbnailUrl\":\"https:\/\/www.casino.org\/news\/wp-content\/uploads\/2019\/07\/monmouth.jpg\",\"datePublished\":\"2019-07-04T16:59:20+00:00\",\"dateModified\":\"2019-07-04T16:59:20+00:00\",\"author\":{\"@id\":\"https:\/\/www.casino.org\/news\/#\/schema\/person\/58769b72851c8cf117fb58ca150ebf8b\"},\"description\":\"Monmouth Park finds sympathy with appellate judges in lawsuit against the sports leagues over sports betting 2014 injunction but $150 million off table.\",\"breadcrumb\":{\"@id\":\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/#breadcrumb\"},\"inLanguage\":\"en-US\",\"potentialAction\":[{\"@type\":\"ReadAction\",\"target\":[\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/\"]}]},{\"@type\":\"ImageObject\",\"inLanguage\":\"en-US\",\"@id\":\"https:\/\/www.casino.org\/news\/appeal-judges-offer-monmouth-park-hope-in-150-million-lawsuit\/#primaryimage\",\"url\":\"https:\/\/www.casino.org\/news\/wp-content\/uploads\/2019\/07\/monmouth.jpg\",\"contentUrl\":\"https:\/\/www.casino.org\/news\/wp-content\/uploads\/2019\/07\/monmouth.jpg\",\"width\":2986,\"height\":1680,\"caption\":\"A 2014 injunction that prevented Monmouth Park from launching its sports betting operations almost put the racetrack out of business, according to its lawyers, who found sympathy among appellate judges this week. 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