NJ Sports Betting Still Casinos’ Last, Best Hope, Lawyers Say

September 15, 2015 – In The News

Nicholas Casiello Jr. was quoted in the Law.com article, “NJ Sports Betting Still Casinos' Last, Best Hope, Lawyers Say.” Full text can be found in the September 4, 2015, issue, but a synopsis is below.

Proponents of legalized sports betting in New Jersey can continue to hold out some hope that wagering on professional and college sports may one day be allowed, gaming lawyers said, but it may prove too late to save Atlantic City’s floundering casinos.

A divided three-judge panel of the U.S. Court of Appeals for the Third Circuit struck down New Jersey’s latest sports betting law, with the majority saying the state’s most recent attempt still runs afoul of the 1992 Professional and Amateur Sports Protection Act (PASPA), which bars states from authorizing sports betting.

But lawyers who practice gaming law said the majority was not wholly unconvinced that the state could legalize sports betting, providing New Jersey with an additional ray of hope.

“New Jersey’s best bet is an en banc hearing before the Third Circuit,” said Nicholas Casiello Jr., of the Atlantic City office of Fox Rothschild and the chair of the firm’s gaming practice group.

Casiello also said that the opponents of legalized sports betting, particularly the professional leagues, will soon find their position harder to defend as they continue to be more heavily involved with fantasy sports.

Casiello stated, however, that any attempt to lobby Congress to repeal PASPA would be a futile exercise.

“Congress has other priorities,” Casiello said. “A legislative fix to this would not be a high priority.”