UIGEA Lawsuit Update

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1. Associational standing will not suffice if the unerlying members have no colorable injury. It is standard to add at least ONE plaintiff with a clear injury, which is what the ACLU does. Then the association can proceed with the litigation.

2. As for the Wire Act prayer for relief, the point I am making is that no federal judge is going to enjoin enforcement of an Act with 40+ years of history ... the equity balance is not there. How do you show a likelihood of success on the merits if you are covered by the Wire Act.

The DANGER of a Wire Act prayer for relief is precisely that it raises in a new Circuit the whole issue of whether the Wire Act extends beyond sports. They are giving DOJ a free bite at that apple.

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Milton,

In your professional opinion, given the deficiencies you note in the filing, was the complaint drafted in a competent manner by their attorneys? Or indeed is this possibly a case where the attorneys made the same points you raised but their clients insisted on doing "something" anyway?