On August 25, 2015, Bancroft attorneys Paul Clement, Erin Murphy, Will Levi, and Taylor Meehan secured a victory in the U.S. Court of Appeals for the Third Circuit in NCAA v. Governor of New Jersey (Nos. 14-4546, 14-4568, and 14-4569) on behalf of the NCAA, NBA, NFL, NHL, and the Office of the Commissioner of Baseball.* This appeal was the second round of litigation involving New Jersey’s efforts to once again circumvent the Professional and Amateur Sports Protection Act of 1992 (“PASPA”), a federal law prohibiting the spread of state-sponsored sports gambling. After the Sports Organizations successfully defeated the state defendants in the first round of litigation, in 2014 the New Jersey Legislature passed new legislation allowing exclusively Atlantic City casinos and New Jersey racetracks to offer sports gambling. The Sports Organizations successfully moved for summary judgment enjoining that new law, and the state defendants appealed. On appeal, the Sports Organizations explained that the newly passed state legislation unlawfully authorized Atlantic City casinos and New Jersey racetracks to offer sports gambling and was no different in effect than New Jersey’s predecessor law that was struck down originally. The Third Circuit agreed, finding that “PASPA, by its terms, prohibits states from authorizing by law sports gambling, and the 2014 Law does exactly that.”
*Will Levi and Taylor Meehan left the firm before the Third Circuit announced its ruling.