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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.
The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.
There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.
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Commissioners pointed to evidence suggesting the tribe may have already been overcharged compared to other member customers.
The Upper Sioux Community also argued that, as a sovereign tribal nation, it is not subject to Minnesota utility regulations. The commission declined to rule on the sovereignty question, concluding it was unnecessary to resolve that issue to determine that Minnesota Valley could not prevent the casino from generating its own power.
An attorney for Minnesota Valley told commissioners the cooperative plans to appeal the order.
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However, he may have indeed been able to spot the imperfection in the cards, which is an outcome completely different than what was ruled in the case of Phil Ivey, a popular poker pro who ended up using edge sorting to win millions of dollars, but had to forfeit or repay his winnings in the end.
Grant said, at the time of his own case against Star Casino, that he had noticed cards being asymmetrical, but that he had no way of knowing what the next card on his table would be – just like other players there.
How does this apply to Grant’s case against Royal Caribbean? Well, things may be different there; Royal Caribbean takes advantage of players in general, arguing that the practice is tantamount to cheating.