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More States Are Joining the Wire Act Lawsuit

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vixen777

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In less than a month, New Hampshire stepped up to the plate as the first to file a lawsuit against the Department of Justice and new US Attorney General William Barr. That suit came from the New Hampshire Lottery Commission, which was quickly joined by NeoPollard Interactive, the online lottery platform provider for the state’s online lottery games.

Numerous others have joined in the weeks since.

Not long after, iDEA Growth filed its own challenge against the DOJ, Barr, and the United States of America. Filed by Ifrah Law, the lobbying organization made the move on behalf of the internet gaming and entertainment industry it represents, which consists of nearly two dozen companies.

Along with the filing was a Motion to Intervene, which proposed that its suit be folded into the ones from the New Hampshire Lottery Commission and NeoPollard. As noted in the press information released with the court filing, the hope was that the lawsuits would be combined by the end of February. However, the motion was ultimately denied, and iDEA Growth filed an Amicus brief instead.


On March 8, the state of New Jersey filed a Brief of Amicus Curiae “in support of plaintiff’s motions for summary judgment” in the New Hampshire case.

The preliminary statement asks the court to declare the latest Wire Act opinion unlawful.

“New Jersey seeks to participate in this matter because, in addition to having invested a lottery like New Hampshire has done, New Jersey has also developed a thriving non-sports-related legal internet gaming industry (‘iGaming’) in response to the DOJ’s 2011 express authorization of such internet gambling. This burgeoning iGaming industry annually yields hundreds of millions of dollars in private revenue and tens of millions of dollars to New Jersey’s economy in state taxes and fees. Absent judicial intervention, this iGaming industry may be forced to shut down and those revenues will disappear.”
The following Monday, the Michigan Bureau of State Lottery joined in by filing its own Memorandum of Law of Amicus. The purpose is to provide additional perspective on the “erroneous nature” of the recent DOJ decision and the impact it may have on 47 jurisdictions nationwide.
 

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