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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 Perun Thunder Of Balkan
“As the category continues to grow, robust integrity safeguards are not simply optional; they are foundational,” Sean Conroy, EVP of rights and partnerships at Genius Sports, said of the launch.
“By bringing together official data, live streaming, league IP, integrity services and the reach of our Legend media network, we are helping Polymarket deliver a differentiated and trusted experience for sports fans across the US.”
Genius signed deals with both Polymarket and Kalshi in August, to provide real-time event data and league integrity services, as well as streaming services. Fellow data provider Sportradar also announced similar multi-year partnerships with both Kalshi and Polymarket in June.
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There is a second complication. The relentless flow of Commission statements may eventually make enforcement less damaging rather than more.
“The regulatory failures are unhelpful but perhaps the sheer number and regularity of them has made them less remarkable, such that they become ‘wallpaper’,” Waugh says.
He argues that some lawyers and licensees believe the Commission’s presentation of cases is detached from the operational reality but feel they have little option other than to accept the “regulator’s truth” when settling.
