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IMEGA Files Papers to Stop Hearing Dismissal

12th September

The legal team for iMEGA, a professional association made up of members of the online gambling industry, filed its brief with the U.S. District Court in New Jersey (Trenton division) in response to the U.S. Department of Justice’s motion to dismiss its complaint against the Unlawful Internet Gambling Enforcement Act (UIGEA).

According to an iMEGA press release, lawyers from the defendants (U.S. Department of Justice, the Federal Trade Commission, and Federal Reserve) “contend that iMEGA does not have requisite standing to bring a complaint versus the UIGEA, and, given that the rules and regulations for the new law have not yet been created, that the law is ‘unripe’ for this kind of challenge.”

Lawyers for iMEGA, disagree, and in their filing say they gave the judge “ample precedent for both our standing as a trade association acting on the behalf of our members and for the potential jeopardy of prosecution the new law puts some of our members in.” The lawyers also contend that it is not necessary to wait for one of their members to be prosecuted before the law may be scrutinized by the courts.

Lawyers for the federal government agencies that are being sued in this case have until Sept. 21 to respond to iMEGA's request of the court for a temporary restraining order, which was filed this summer.

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