New York Daily Fantasy Sports Suit: Appellate Division, Third Department Holds the Entire Interactive Fantasy Sports Law Unconstitutional

Daily fantasy sports may not be long for New York. Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and "any other form of gambling." Now, the Appellate Division, Third Department has added DFS to that list of banned games, affirming a trial court... Continue Reading →

New York Daily Fantasy Sports Suit: State’s Opening Brief Makes a Strong Pitch that the Legislature Rationally Determined that DFS is Not “Gambling” Under the NY Constitution

The game for the fate of daily fantasy sports in New York is on, and the State has scored first. Ok, ok. In appellate litigation, the losing party below always gets the ball first. And the State certainly lost below in this one. Judge Connolly of Supreme Court, Albany County held that daily fantasy sports... Continue Reading →

NY DFS Suit Update: State Appeals Order Declaring Daily Fantasy Sports Unconstitutional, Plaintiffs Seek Reargument

After Judge Gerald Connolly of Supreme Court, Albany County (the trial level in New York) recently declared that New York's Interactive Fantasy Sports Law violated the New York Constitution's outright ban on gambling, the case was bound to head on appeal. To me, the only question was to which court. Would the State appeal to... Continue Reading →

NY DFS Suit: NY Judge Holds Daily Fantasy Sports Law Violates NY’s Constitutional Ban on Gambling, and the State Could Appeal Directly to the Court of Appeals Right Now

Article I, § 9 of the New York Constitution bans gambling, plain and simple. That includes, lotteries, pool selling, book making, and now, according to a New York trial judge, daily fantasy sports as well. As you may recall, in 2015, the New York Attorney General made it a point to enforce the constitutional ban on gambling... Continue Reading →

Zarda is Out: En Banc Second Circuit Holds Sexual Orientation Discrimination is Protected by Title VII

This is the decision that so many have been waiting for. In a historic ruling in Zarda v Altitude Express, the Second Circuit today overruled its' prior precedent in Simonton v. Runyon, and held that sexual orientation discrimination is discrimination because of sex that finds protection under Title VII. The comprehensive opinion the majority of the Second... Continue Reading →

Second Department Joins the Third Department in Applying the Child of the Marriage Presumption to Same Sex Spouses

It was only a few weeks ago that the Third Department held, for the first time in New York, that a married same sex couple is entitled to the presumption that a child born during their marriage is a child of the marriage. Now, the Second Department has agreed. In Matter of Joseph O. v... Continue Reading →

New York DFS Lawsuit Update: Plaintiffs Seek Summary Judgment that DFS Law Violates New York’s Constitutional Ban on Gambling

Gambling is gambling is gambling, the plaintiffs argue. Whether it's wagering on horse racing at Saratoga, playing poker or roulette in one of New York's 4 new casinos, or playing daily fantasy sports at DraftKings or FanDuel, it's all prohibited by the New York Constitution's ban on gambling. The only difference is that the Legislature... Continue Reading →

Third Department Extends Child of the Marriage Presumption to Same Sex Spouses for the First Time

A child is born to a married woman. Under New York law, the child is presumed to be a product of the woman's marriage. The presumption can be rebutted, of course, but in the beginning, the law assumes that the children of married spouses are legitimate. That makes sense. New York's policy is to keep... Continue Reading →

Third Department Justices Disagree on Whether Student Accused of Sexual Assault Should Have Right to Cross-Examine Accuser

The Appellate Division, Third Department has decided a number of significant issues recently involving the State University of New York's disciplinary system in sexual assault cases. First, it was Matter of Haug v State Univ. of N.Y. at Potsdam, in which the Court annulled the expulsion of a student accused of sexual assault, finding that... Continue Reading →

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