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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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“The NLRB decision overturned the clear vote of Red Rock team members rejecting the Culinary Union,” Station said in a statement. “The decision prevents any company from granting benefits to its employees if it is aware of union interest in unionising the company’s employees and nullifies the Red Rock team members’ vote to be union-free, all because Station Casinos treated its team members too well.”
The culinary union declined to comment to iGB on Wednesday.
Station and Culinary have been at odds for many years, and this has included everything from back-and-forth barbs in the media to complaints before Nevada regulators and ultimately a number of court challenges. The December 2019 Red Rock election has proved to be perhaps the most significant development in their relationship thus far.
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Notably, ethics concerns may have played a critical factor in the rejection of the bill. Lawmakers from both sides did not feel that an updated version of the text released on Sunday went far enough in addressing concerns related to senior officials maintaining or endorsing crypto business ties. However, a group of Republicans claimed they made a series of concessions when US President Donald Trump agreed to modifications on Sunday night that contained stronger ethics measures, the Associated Press reported. The 11th hour concessions were not enough to appease potential swing voters among Senate Democrats.
“This legislation failed squarely because Republicans refuse to say no to the president,” Arizona Senator Ruben Gallego said in a statement. “It takes 60 votes to pass a bill, and instead of spending their time twisting themselves into knots to appease President Trump, Republicans should have worked more closely with Senate Democrats to craft a bill that could pass with strong ethics provisions.”
Wyoming Senator Cynthia Lummis, the leading negotiator for Republicans, berated her Democratic colleagues in a statement, saying they “played games” and “were never truly serious about protecting consumers”.