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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.

“We’re calling on the Supreme Court to resolve this issue and recognise that Congress did not silently make the sports-betting industry immune from state law,” Davenport said in a statement.

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Midnite confirmed it had terminated its contract with Limay and would reinforce compliance reminders to its partners.

Limay Media acknowledged that the person depicted was an AI-generated fictional character rather than a real individual and claimed the design was intended to appear as an adult. 

The company admitted to lapses in its internal approval process, described the error as isolated and noted the ad was removed within a few hours.

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In an April interview with iGB, Sher reflected on the challenges of regulatory uncertainty in Mexico

“Right now we are working based on a framework of laws which you cannot even call regulation, from 1947,” Sher said. “So it’s very hard to work long-term and to give long-term commitments. While the future is unclear in terms of regulation, we saw what happened in other countries in LatAm when they changed the regulation every other month.

“In Mexico, I think we are stable, we know how to deal with this market. Of course, we will be very happy if in the future, a proper regulatory framework will be introduced and not the way that we are working right now.”