Quirky New Jersey Fantasy Sports Case Decision Leaves FanDuel Optimistic

Submitted by Aaron Goldstein on

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Aaron Goldstein

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Daily Fantasy Sports giant FanDuel is citing a 2007 New Jersey Fantasy Sports case in hopes of fighting claims against it by New York’s Attorney General that what it does is “illegal gambling”.

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On Tuesday, NY Attorney General Eric Schneiderman ordered both FanDuel and its chief rival DraftKings to stop offering its fantasy contests in the Empire State.

FanDuel will be using the NJ case of Humphrey vs. Viacom as a defense.

John Brennan of the Bergen Record examines that case a bit further and how it may be applied to the FanDuel, DraftKings matter here.

Brennan notes that “Judge Dennis Cavanugh’s 20-page opinion on June 19, 2007 granted a motion by ESPN, Sportsline, and Vulcan Sports Media (Viacom, The Sporting News, and other companies were allowed to drop out of the case earlier) for dismissal of a claim filed by Charles E. Humphrey, Jr.”

Among the judge’s many findings: The “success of a fantasy sports team depends on the participant’s skill in selecting players for his or her team”

This is a key element to FanDuel and DraftKing’s assertion that Daily Fantasy Sports is a “game of skill” as opposed to a “game of chance”.

Brennan notes that the judge’s finding can certainly be applied to Daily Fantasy Sports contests as well as the season long variation.  Read More Here

- Aaron Goldstein, Gambling911.com

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