DraftKings files suit against New York attorney general
Daily fantasy sports operator seeks to block Eric Schneiderman's efforts to shut down its site in the state
Daily fantasy sports (DFS) operator DraftKings has filed a suit against New York Attorney General Eric Schneiderman asking the Supreme Court to block his attempt to shut down its site in the state.
In its filing, seen by eGaming Review, DraftKings asked the court to declare Schneiderman’s order unconstitutional and stop him from taking further action against the company.
It also asked a judge to declare the games legal under New York law, saying they “are complex games of skill” that differ from poker and other kinds of casino-style betting.
“Today, we have taken decisive legal action to prevent a unilateral, misinformed and legally misguided attempt by the New York attorney general to act as ‘judge, jury, and executioner’ for daily fantasy sports in New York,” DraftKings said in a statement.
DraftKings has also bolstered its legal team with the addition of David Boies and Jonathan Schiller of law firm Boies Schiller & Flexner, who have previously represented the NFL and a number of NBA players.
“We are confident in our legal position and intend to continue to fight to preserve the right of the over 500,000 New York consumers to play the fantasy sports games they love,” DraftKings added.
The filing comes just days after Schneiderman ruled that DraftKings and rival FanDuel were engaging in illegal gambling under New York state law.
In cease and desist letters sent to both operators he requested they pull the shutters down on their sites and stop offering contests to players in the state.
But both operators are expected to remain live in the state while the legal and political wranglings rumble on.
For analysis on what Schneiderman’s ruling means for the wider DFS industry, click here.