Re: The WTO challenge looks well written overall, and is good for all
Actually Jay, I thought that your argument about betting being legal in NY was wrong and the Judge was right on this point. While a bettor does not commit a crime by betting in NY, his betting constitutes an unlawful and unenforceable contract. Which is why if he wins he cannot enforce the debt in court.
While the judge did not let the jury consider the exemption, I don't think it is a question for the jury. If the exemption applies, then the case should be dismissed by the judge. The appellate court did consider it and unfortunately ruled that the bet originates where the bettor resides despite case law to the contrary, albeit not criminal cases. If the appellate court had followed the case law, then NY law would have not mattered. But we are stuck with its ruling.
However, thanks to your efforts in the WTO case, the situation may change. Funny that Mr. Kaplan and BetOnSports may benefit from your efforts. I wish the situation was reversed.
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