In White v Cuomo, the New York courts were asked to decide whether New York’s Interactive Fantasy Sports law, which authorized and regulated daily fantasy sports games for the first time in New York, violates the New York Constitution’s ban on “gambling.” After a five-plus year journey through the New York courts that saw DFS initially declared unconstitutional, the New York Court of Appeals has now decided that DFS is predominately a game of skill that falls outside of the constitutional definition of gambling. The Legislature, therefore, acted well within its discretion to authorize DFS without a constitutional amendment, and the games may continue!
The Court of Appeals’ opinion is here.
On this page, I’ve collected all of the information from the case as it proceeded before Supreme Court (the trial level in NY), the Appellate Division (the intermediate appellate level), and finally the Court of Appeals (New York’s top court).
Posts
NY DFS Suit Update: State Appeals Order Declaring Daily Fantasy Sports Unconstitutional, Plaintiffs Seek Reargument
New York Daily Fantasy Sports Suit: What Happens When an Amicus Isn’t Actually a Friend of the Court
Daily Fantasy Sports are Constitutional in New York!
Interviews and Other Media
CAPITOL PRESSROOM (Nov. 26, 2019): Daily Fantasy Sports in NYS
CAPITOL PRESSROOM (Feb. 10, 2020): Legal challenges for daily fantasy sports
CAPITOL PRESSROOM (Mar. 23, 2022): State’s top court gives all clear to daily fantasy sports
Conduct Detrimental Podcast with Daniel Wallach E37: New York Fantasy Sports Lawsuit
Law Reviews
Rosborough, Does the New York Constitution Prohibit Daily Fantasy Sports? Two New York Courts Say So, But the New York Court of Appeals Will Soon Decide Once and For All, Gaming Law Review, May 2020, at 272-283 (Published PDF)
Case Documents
Supreme Court, Albany County
- Plaintiffs Complaint
- Plaintiffs Affirmation of Cornelius D. Murray in Opposition to State’s Motion to Dismiss
- Plaintiffs Memorandum of Law in Opposition to State Motion to Dismiss
- Decision & Order of Supreme Court, Albany County (MTD) 8.31.17
- Plaintiffs Affirmation of Cornelius D. Murray in Support of Summary Judgment
- Plaintiffs Memorandum of Law in Support of Summary Judgment
- State Affirmation of Richard Lombardo in Opposition to Plaintiffs’ Motion for Summary Judgment and in Support of State’s Cross Motion for Summary Judgment
- State Memorandum of Law in Opposition to Plaintiffs’ Motion for Summary Judgment and in Support of State’s Cross Motion for Summary Judgment
- Plaintiffs Memorandum of Law in Opposition to State Cross Motion for Summary Judgment
- Plaintiffs Reply Affirmation of Cornelius D. Murray in Support of Summary Judgment
- Decision Order & Judgment of Supreme Court, Albany County (MSJ) 10.26.18
- Plaintiffs Affirmation of Cornelius D. Murray in Support of Reargument
- Plaintiffs Memorandum of Law in Support of Reargument
Appellate Division, Third Department
- State Notice of Appeal
- Plaintiffs Notice of Cross Appeal
- State’s Appellate Division Opening Brief
- Plaintiffs’ Appellate Division Opening Brief
- State’s Appellate Division Reply Brief
- Plaintiffs’ Appellate Division Reply Brief
- FanDuel & DraftKings Amicus Brief
- Rivers Casino Amicus Brief
- Appellate Division July 25, 2019 Order Denying Rivers’ Amicus Motion
- White v Cuomo Appellate Division Order 2.6.20
Court of Appeals
- State’s Notice of Appeal
- State’s Opening Brief
- Record on Appeal, Volume 1
- Record on Appeal, Volume 2
- Record on Appeal, Volume 3
- Plaintiffs’ Opening Brief
- State’s Reply Brief
- DraftKings and FanDuel Amicus Brief
- Plaintiffs’ Response to DraftKings and FanDuel Amicus Brief
- New Sports Economy Institute Amicus Brief
- State’s Response to New Sports Economy Institute Amicus Brief
- Court of Appeals Opinion 3.22.22
New York Appeals 