Judge Promises Prompt New York DFS Decision

In another exciting installment of the New York DFS case, the Supreme Court Judge overseeing the case promises that he will deliver a decision “very soon”.

In US gambling news, Judge Manuel Mendez presided over the legal challenge from daily fantasy sports (DFS) operators FanDuel and DraftKings. The challenge was in response to Attorney General Eric Schneiderman’s ruling of DFS as a form of illegal gambling, in which he sent cease-and-desist letters to both operators and is making movements towards banning them from operating in the state of New York.

The judge decided to adjourn the case after hearing arguments from both Schneiderman and the DFS kingpins. The main subject of the day was whether New York DFS should be considered a game of chance—and therefore a form of gambling—or a game of skill.

Kathleen McGee of the Attorney General’s office said that although “some players fare better than others,” that DFS should still be considered “a game of chance under New York law.” To drive her point home, she added that: “If chance is a material element, it doesn’t matter how much ‘skill’ is involved.”

FanDuel and DraftKings await the judge’s New York DFS decision

New York DFS operators FanDuel and DraftKings are both eagerly awaiting the ruling of how US gambling laws should apply to daily fantasy sports. Throughout the hearing representatives from both companies were staunch in their positions that DFS was not a form of gambling, with DraftKings lawyer John Kiernan saying that participants are not “risking something of true value” when taking part in a contest, and that their payment “is not a wager.”

“Today, we presented compelling evidence that DFS competitions are as legal now as they have been for the past seven years that New Yorkers have been playing them. We look forward to Justice Mendez’s ruling,” said a DraftKings spokesperson after the hearing ended.

Schneiderman’s office is also looking forward to hearing what the judge’s decision for the DFS New York case will be, saying: “We were glad to have the opportunity to make our case to the court that DraftKings and FanDuel are operating illegal gambling operations in clear violation of the law, and we await the judge’s decision.”