The 1stCircuit Court of Appeals has released the briefing schedule for the appeal related to the New Hampshire Lottery’s and NeoPollard’s challenge to the Department of Justice’s reinterpretation of the Wire Act’s scope.  As reported previously in Issue 21 of the Michigan Gaming Newsletter, the DOJ filed a notice of appeal in August 2019 to the 1stCircuit, challenging the New Hampshire Federal District Court’s ruling that the Wire Act does not apply to forms of online gambling other than sports gambling.  The ruling was contrary to the DOJ’s reinterpretation opinion that it released in January 2019 that the Wire Act applied to all forms of online gambling.

According to the scheduling order, the DOJ must file its briefs no later than November 12, 2019. The New Hampshire Lottery, NeoPollard, and other state lotteries must then file their briefs within 30 days of the DOJ’s briefs, likely to be December 12, 2019.  Finally, the DOJ will then have to file any reply brief within 21 days of the New Hampshire Lottery’s brief, likely to be January 2, 2020.  Once all briefs are filed, the 1stCircuit will set a date for oral arguments.  The case will be heard by a 3 member panel of judges drawn from the 10 justices comprising the 1stCircuit Court of Appeals.


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