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What Should Daily Fantasy Sports Do Now?

This morning, the New York trial court granted the state a preliminary injunction against DraftKings and FanDuel, prohibiting them from taking players from that state.  Here is a copy of the decision:  http://www.gannett-cdn.com/experiments/usatoday/Sports/2015-12-11-Draftkings-new-york-injunction.pdf .  I had predicted that the courts would let these Daily Fantasy Sports operators stay in business, at least until a full trial could be held.  See “What Should Daily Fantasy Sports Do Now?” on my website:  www.GamblingAndTheLaw.com.  The trial court obviously came to a different decision.  But, the state Court of Appeals immediately issued a stay.  The higher Court agreed with me, that there is no emergency requiring an immediate shutdown, and the hardship to the DFS operators being closed down outweighs the hardship to the state in letting them temporarily stay open. 

I have posted three columns I recently wrote on the legal controversy around DFS on my website: www.GamblingAndTheLaw.com.


Prof. I. Nelson Rose
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