Sixth Circuit Court of Appeals

On the heels of winning a preliminary injunction last month in the United States Court of Appeals for the Sixth Circuit, the advance-deposit wagering (ADW) platform TwinSpires on Tuesday scored a victory in its overall federal lawsuit against the state of Michigan. On Jan. 6, the lower-court judge in charge of the case issued a summary judgment in favor of TwinSpires, meaning Michigan can't make that ADW partner with a brick-and-mortar racetrack in order to do business in that state. The operator of TwinSpires, Churchill Downs Technology Initiatives Company (CDT),...

For the second time in 2 1/2 years, the same panel of three judges on the Sixth Circuit of the U.S. Court of Appeals in Cincinnati has affirmed the constitutionality of the Horseracing and Safety Integrity Act (HISA) in a lawsuit spearheaded by the states of Oklahoma, West Virginia and Louisiana. The case had alleged that the HISA Act gave a private corporation--the HISA Authority, which operates under the auspices of the Federal Trade Commission (FTC)--far too broad regulatory authority. The plaintiffs claimed that was a violation of the non-delegation...

In the first oral argument since the United States Supreme Court remanded three lawsuits related to the constitutionality of the Horseracing and Safety Integrity Act (HISA) back to their originating appeals courts five months ago, a panel of three judges on the Sixth Circuit of the U.S. Court of Appeals in Cincinnati on Wednesday heard from lawyers on both sides in a case that alleges the HISA Act gives a "private corporation broad regulatory authority." This same Sixth Circuit panel, back on Mar. 3, 2023, already upheld a lower court's...

Forty-five days after the United States Court of Appeals for the Fifth Circuit declared that the Horseracing and Safety Integrity Act (HISA) is unconstitutional because its enforcement provisions violate the private non-delegation doctrine, both the HISA Authority and the Federal Trade Commission (FTC) petitioned for a rarely granted "en banc" procedure that asks for a rehearing before all 17 of that court's judges instead of just the panel of three that issued the July 5 opinion. The HISA Authority's Aug. 19 filing asked for the rehearing based on three main...