NSEI is an Active Participant in the Courts and Has Submitted Multiple Amicus Briefs.

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New York Court of Appeals


NSEI Position:  DFS is not a game. Rather, DFS is a claim on future contingent events, specifically athlete performances in sports. Therefore, DFS is illegal gambling under the Penal Law..

August 17, 2021

Jennifer White, et al. v. NY State Governor Andrew Cuomo & The NY State Gaming Commission


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NSEI Amended Indiana Amicus Brief - C2-1

Indiana Supreme Court

NSEI Position:  Athlete statistics are like financial indices, and their consented use for commercial purposes violates the right-of-publicity under Indiana law (just like the unconsented use of the indices for commercial purposes constitutes misappropriation).

May 30, 2018

Akeem Daniels, et al. vs. FanDuel, Inc. and DraftKings, Inc.



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Supreme Court of the United States

NSEI Position:  Gaming and Gambling are not equivalent. Gaming is a matter reserved to the states. Gambling, if it involves claims on future contingent events, is reserved to the Federal government.

NSEI Supreme Court Amicus - New York-1.j

September 5, 2017

Christopher Christie, Gov. of New Jersey vs. National Collegiate Athletic Association (NCAA)

16-476, 16-477

NSEI Amicus Brief Final - Filed - Appell

New York Supreme Court
Appellate Division - First Department

March 23, 2016

453054/15, 453056/15

People of the State of New York vs. FanDuel, Inc. and DraftKings, Inc.


NSEI Position: DFS is not a game. Furthermore, it fails the 'future contingent event' prong of the gambling test, therefore DFS is gambling under New York law. 

*The case settled around the same time NSEI submitted its amicus brief, therefore it was not docketed.

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