A United States federal judge has denied DraftKings’ request to fast-track an appeal in a lawsuit brought against the sportsbook by Major League Baseball players. The suit was filed by Major League Baseball 바카라ers Association (MLBPA) over the unauthorised use of players’ names, images, and likenesses (NIL) on DraftKings’ sports betting platform.
In March, District Judge Gene E.K. Marston largely denied DraftKings’ motion to dismiss the case. The company quickly moved to request an immediate appeal, aiming to challenge parts of the ruling before the case progressed further. That request was formally denied . In the memorandum issued, Judge Marston rejected DraftKings all four specific legal questions certified for immediate appellate review.
Additionally, the judge was particularly critical of DraftKings’ handling of two issues. These were if the company could circumvent class action rules and whether sublicencees could bring such claims. Taking particular issue with how DraftKings addressed group licensing, the judge wrote that the company had failed to “adequately raise the propriety of group licencing” during the motion to dismiss stage. As such, it was too late to certify that issue for appeal. The judge also shot down arguments related to sublicencees, stating that those concerns had not been properly framed or substantiated in the earlier briefings.
Lawsuit so far
On 17 April 2025, the MLBPA filed a motion in the Eastern District of Pennsylvania, urging the court to reject DraftKings’ request for an interlocutory appeal. An interlocutory appeal is a rare legal mechanism that allows mid-case appeals before a final verdict. The union stated that the appeal is “unfounded and premature,” lacking the necessary legal grounds and doing little more than attempting to delay the proceedings.
“Apparently hoping that if it (DraftKings) throws enough against the wall, something will stick, DraftKings seeks interlocutory review of four separate questions supposedly warranting such extraordinary treatment,” the union stated, according to .
The case, filed in September 2024, accuses DraftKings of misusing MLB players’ NILs in advertisements and on its sportsbook platform without the players’ or the union’s consent. The original complaint also included bet365, which remains a co-defendant, while FanDuel was dropped from the case after reaching a confidential settlement and signing a licensing agreement in November 2024. Underdog Fantasy is also facing similar claims in a separate legal action.
DraftKings’ legal woes
This is not the only suit that the sportsbook currently faces, another one was filed by five people from Pennsylvania against DraftKings. The lawsuit claims that the online sports betting company knowingly used manipulative marketing tactics to exploit individuals struggling with gambling addiction. The suit, filed in the US District Court for the Eastern District of Pennsylvania, alleges that the company ignored safe gambling practices, knowingly profiting off vulnerable users.
