New York’s top court rules in favor of fantasy sports bets
Legal Issues
New York’s highest court ruled Tuesday that fantasy sports contests like those run by FanDuel and DraftKings are allowed under the state constitution, turning back a challenge to the popular games.
The state Court of Appeals reversed an appeals court’s decision last year that found interactive fantasy sports violated the state constitution’s ban on gambling. The games allow players to assemble a roster of athletes in a sport, using individuals performance statistics to determine the winner. They annually bring in hundreds of millions in entrance fees statewide.
The lawsuit was bought several years ago and did not target mobile sports betting, which began in New York earlier this year.
In a 4-3 ruling, New York’s top court clarified the scope of that the state’s constitutional prohibition on gambling. Chief Judge Janet DiFiore wrote that the gambling prohibition doesn’t include skill-based competitions in which players who win a prize exercise “substantial influence” over the contest’s outcome.
DiFiore wrote that the outcome of a interactive fantasy sports contest “turns — not on the performance of real-life athletes, as it would with respect to a bet or wager — but on whether the participant has skillfully composed and managed a virtual roster so as to garner more fantasy points than rosters composed by other participants.”
The fantasy sports measure signed into law by then-Gov. Andrew Cuomo in 2016 cleared the way for companies like DraftKings and FanDuel to operate and be regulated in New York. DraftKings and FanDuel both said they were pleased with the decision.
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USCIS Adjusting Premium Processing Fee
U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.
The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.
“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”
Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.