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.

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).

New York Supreme Court

Appellate Division - First Department

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.