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The Interactive Media Entertainment & Gaming Association (iMEGA.org) is being directed back to a trial court in a matter concerning the Commonwealth of Kentucky’s attempt to seize some 141 online gambling domain names.
Legal Counsel for iMEGA said: “The sum and substance of the whole issue is that the Court said there are issues of standing that need to be decided by the trial court first. In short, the Court is sending us back to the trial court.”
iMEGA had attempted to have its writ actions in the Court of Appeals transferred to the Supreme Court of Kentucky.
That court ruled that “since writ actions are original filings before the Court of Appeals, an appearance of its decision regarding the writ is the proper procedural mechanism to reach the Court, not a motion for transfer.
“However, given that this Court views the writ action as an attempt to bypass the procedural and substantive jurisdiction of the trial courts, and since we and the Court of Appeals have already reviewed the record in this case on a previous writ action, we grant transfer. However, we deny the writ.”
That court essentially cannot determine either iMEGA or the Internet Gaming Counsel’s (IGC) standing to pursue the writ action. Instead, they advised that a circuit court is best served to resolve such issues.
iMEGA.org to this point has been successful in preventing the Commonwealth of Kentucky from seizing any online gambling domain names.
The Commonwealth has since filed suit for damages claiming that dozens of i-Gaming firms directly targeted its citizens. Full Tilt Poker’s parent company, Tiltware, and PartyGaming have specifically been named in that action.
Christopher Costigan, Gambling911.com Publisher
