NY High Court Explores Whether Daily Fantasy Is Gambling

By Zachary Zagger (October 5, 2021, 8:06 PM EDT) -- New York's highest court on Tuesday hammered a lawyer for the state over whether daily fantasy sports contests like those offered by DraftKings and FanDuel are gambling, raising doubts about the constitutionality of the 2016 law legalizing the contests.

Judges for the New York Court of Appeals pressed Senior Assistant Solicitor General Victor Paladino on how daily fantasy contests, or DFS, which are based on the real-life performances of athletes, are different from bets on the performances of the athletes and how they differ from other gambling that involves skill, like poker. 

The state high court is reviewing a challenge to New...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.

  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!


Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!