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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

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That widening breadth is vital for the industry at a time when some analysts estimate volume could jump to $10 trillion by 2035 – a projection that is largely rooted in other categories surpassing sports for the top spot.  

Nearly a third of respondents told Fullstory that increased event contract breadth could compel them to consistently choose a prediction market over a sportsbook.

Sportsbook operators have an inherent advantage over prediction markets in that the former can offer significantly larger sign-up and retention bonuses and gaming companies are leaning into those expenditures this football season.

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Black Cube, an intelligence firm hired by Playtech in 2020 to look into alleged illegal behaviour at its rival Evolution, released a divisive report into Evolution’s actions. Evolution denied and refuted much of its findings.

Evolution then commissioned Spectrum Gaming Group to produce a report on its actions and the validity of the Black Cube report. Produced in 2022, the report has long been subject to confidentiality despite Evolution claiming the report exonerated the company.

Playtech on Wednesday published a statement highlighting what it claimed were compliance failures at Evolution, written into the Spectrum report.