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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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“I believe that by 2030 we will have no betting shops. The high street will be dead. We’ve already worked it out that with the increases in taxes and salaries and other wages it won’t be worth operating,” he said.

Betfred currently sponsors Britain’s five classic horse races, including the Epsom Derby. Done said the company had yet to agree on extending those sponsorships amid the tax uncertainty, warning that reduced regulated gambling provision could push problem gamblers towards the black market.

He also pushed back against claims by Dame Meg Hillier, chair of the Treasury Select Committee, who has characterised some industry warnings as “scaremongering”.

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The ASA’s ruling directed both Dribble Media and Limay Media to ensure the offending advertisement would not be redisplayed in the same form.

This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement. 

Another June ruling was not upheld.