“Temporary restraining orders are not always a sure bet.” So said Judge Marjorie Rendell, to several sports leagues, on Sept. 24, 2019, in holding that Monmouth Park is rebuttably presumed to be entitled to recover up to $3.4 million from five sports leagues, and the Commissioner of Baseball, who wrongfully enjoined Monmouth Park from commencing sports betting. National Collegiate Athletic Association v. Governor of N.J., ___ Fed.3d. ___ (3rd Cir. 2019).

This seven-year litigation commenced in 2012 when the New Jersey legislature, pursuant to a constitutional amendment, attempted to legalize sports betting. This attempt was blocked by the National Collegiate Athletic Association (NCAA), the National Football League (NFL), the National Basketball Association (NBA), the National Hockey League (NHL), Major League Baseball (MLB), and the Commissioner of Baseball by obtaining a temporary restraining order, which later became a permanent injunction. However, pursuant to Federal Rule of Civil Procedure 65(c), the leagues were required to post a $3.4 million bond “to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]