The U.S. Court of Appeals for the First Circuit considered an appeal over the regulation of gambling licenses in Massachusetts and concluded that Wynn Resorts' core argument—that a particular agreement is unenforceable as contrary to state law and/or as a violation of public policy—is to be certified to the Massachusetts Supreme Judicial Court.

Judge Gustavo A. Gelpí, in his written opinion for the court, stated that this case raises important questions of Massachusetts state law and public policy—the regulation of gambling licenses in the state. A contract for the purchase of land in Everett, Massachusetts, was entered into between the Encore Boston Harbor resort and casino, which is owned by Wynn, MA which is wholly owned by Wynn Resorts, and FBT Realty. That contract gave Encore the option to purchase the land in question for $75 million if the Massachusetts Gaming Commission granted Encore a gaming license.