While the Pennsylvania Supreme Court continues to mull the question of whether so-called skills games often found in bars and restaurants constitute illegal gambling, a federal judge is allowing a casino’s lawsuit challenging the devices in federal court to proceed.

On May 5, U.S. District Judge Michael Baylson of the Eastern District of Pennsylvania denied a motion to dismiss by Georgia-based Pace-O-Matic, which makes the contested games, and ordered some discovery to proceed in the case, Greenwood Gaming & Entertainment v. POM of Pennsylvania. The judge further said it would revisit the decision in six months to determine how a ruling by the state Supreme Court could affect the proceedings.

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