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In a case brought against the US...December 13, 2007, 10:57 am (4 years ago)In a case brought against the US Justice Authorites by Interactive Media Entertainment & Gaming Association, the hearing has been set for September 26th in New Jersey Federal Court. The US Government has recently filed a cross motion, moving for dismissal of the case based on IMEGA’s alleged failure to state a claim on which relief can be granted.
The hearing for dismissal could be heard as soon as September 4th. IMEGA had asked recently for a temporary restraining order against the implementation of the UIGEA, which seeks to disrupt financial transactions with online gambling companies. The suit by IMEGA lists several reasons for the application, including the restriction of a form of consensual private conduct, and an inconsistent and unconsitutional regulation of states’ rights, among others. IMEGA claims that they have the right to file suit, due to the fact that it was formed to represent the interests of its members, who are individuals or businesses involved in online gambling practices. The US government representative gave notice on August 21st that they will move for the case to be dismissed on September 4th, at a hearing, claiming that IMEGA has a lack of jurisdiction, and that they failed to support their claim. The government has also charged that the IMEGA case can not be judged on events that have not yet happened. The financial regulations have not yet been presented, and so the US government argues that the UIGEA can not be blocked by the temporary restraining order placed by IMEGA. IMEGA President, Edward Leyden, has stated that the case is an evolving creature that may be amended to take events into account that have not yet unfolded, as well as legal arguments. He also insinuated that additional defendants may be named as necessary and appropriate.
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