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The arguments came as Scotts Valley asked US District Judge Trevor McFadden to issue a preliminary injunction blocking Interior’s July 30 decision. The outcome of the dispute directly threatens the tribe’s much larger ambition for the site: a proposed $700 million casino resort and hotel.
Under IGRA, gaming is generally prohibited on land taken into trust after 1988 unless it qualifies under specific exceptions. Scotts Valley claims its Vallejo property falls under the “restored lands” exception for federally recognized tribes.
While Interior agreed that Scotts Valley met requirements regarding its modern ties to the area and the timing of the acquisition, the department ultimately concluded the tribe failed to demonstrate a sufficiently significant historical connection to the land.
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Furthermore, the company sent 839 electronic messages to 165 individuals who had self-excluded, along with a further 2,000 push notifications to 45 customers without including the mandatory BetStop information.
ACMA’s investigation revealed multiple compliance breaches, primarily concerning account management and marketing controls.
The regulator noted that several inactive accounts remained open long after users requested exclusion.
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Geolocation services, which are typically purchased through third-party vendors, are used by sportsbook operators to ensure that their clients are placing wagers from jurisdictions in which sports wagering is legal.
“During prosecution, the Examiner did not apply the material prior art or straightforward combinations presented here, which render every challenged claim obvious,” according to a DraftKings filing with the patent office.
Citing U.S. code, the gaming company is pushing for an inter parties review while requesting that the board find the 18 claims in question “unpatentable.”