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On September 2, 2016, the consolidated group of plaintiffs filed their First Amended Master Class Action Complaint, superseding their original class action complaint, which superseded their individual complaints.
−Removed: The plaintiffs assert 27 claims arising under both state and federal law against the DFS defendants.
−Removed: The plaintiffs’ claims against us generally fall into four categories:
+Added: The plaintiffs asserted 27 claims arising under both state and federal law against the DFS defendants.
+Added: The plaintiffs’ claims against us generally fell into four categories:
(1) our online daily fantasy sports contests constitute illegal gambling;
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and (4) we allowed our employees to participate in competitors’ fantasy sports contests using non-public information, which gave such employees an unfair advantage over other contestants.
−Removed: The plaintiffs seek money damages, equitable relief, and disgorgement of gains against us.
+Added: The plaintiffs sought money damages, equitable relief, and disgorgement of gains against us.
On November 16, 2016, the DFS defendants filed a motion to compel arbitration against all named plaintiffs except one plaintiff asserting claims against the DFS defendants as a concerned citizen of the State of Florida (the “Concerned Citizen Claims”).
−Removed: On November 27, 2019, the Court granted the DFS defendants’ motion to compel arbitration with respect to all named plaintiffs other than a small set of plaintiffs who are family members of individuals who have DraftKings or FanDuel accounts and who assert claims under various state laws regarding gambling (the “Family Member Plaintiffs”).
+Added: On November 27, 2019, the Court granted the DFS defendants’ motion to compel arbitration with respect to all named plaintiffs other than a small set of plaintiffs who are family members of individuals who have DraftKings or FanDuel accounts and who asserted claims under various state laws regarding gambling (the “Family Member Plaintiffs”).
On March 9, 2020, the DFS defendants moved to dismiss the Family Member Plaintiffs’ claims and the Concerned Citizen Claims.
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This settlement agreement became effective on November 5, 2021;
−Removed: as a result, the only remaining plaintiffs are the Family Member Plaintiffs and the plaintiff who asserted the Concerned Citizen Claims.
+Added: as a result, the only remaining plaintiffs were the Family Member Plaintiffs and the plaintiff who asserted the Concerned Citizen Claims.
On January 21, 2022, DraftKings and the Family Member Plaintiffs filed a joint motion for preliminary approval of a proposed settlement.
On February 18, 2022, the Court entered an order preliminarily approving the proposed settlement and scheduled a fairness hearing for final approval of the settlement on June 8, 2022.
−Removed: Once the family member
−Removed: settlement agreement becomes effective, the only remaining plaintiff will be the plaintiff who asserted the Concerned Citizen Claims.
−Removed: We intend to vigorously defend this case.
−Removed: If the plaintiffs were to obtain a judgment in their favor in this lawsuit, we may be subject to substantial damages and we may have to withdraw our DFS operations in certain states.
−Removed: We have established an accrual for this matter.
−Removed: We cannot predict with any degree of certainty the outcome of this suit.
−Removed: Despite the potential for significant damages, we do not believe, based on currently available information, that the outcome of this proceeding will have a material adverse effect on our financial condition, although the outcome could be material to our operating results for any particular period, depending, in part, upon the operating results for such period.
+Added: On June 8, 2022, the court
+Added: entered judgment and an order approving the settlement and dismissing all claims with prejudice other than the Concerned Citizens Claims.
+Added: On June 23, 2022, with all claims other than the Concerned Citizen Claims resolved, the court dismissed the Concerned Citizen Claims from federal court for lack of Article III standing and remanded the Concerned Citizen Claims to state court in Florida.
+Added: On July 8, 2022, the court officially closed the docket for In Re:
+Added: Daily Fantasy Sports Litigation (Multi-District Litigation) .
+Added: The Company previously provided an accrual for this matter.
+Added: We intend to vigorously defend the Concerned Citizen Claims.
+Added: If the plaintiff obtains a judgment in his favor in this matter, we may be subject to substantial damages and we may have to withdraw our DFS operation in Florida.
+Added: We cannot predict with any degree of certainty the outcome of the Concerned Citizen Claims.
+Added: Despite the potential for significant damages, we do not believe, based on currently available information, that the outcome of the Concerned Citizen Claims will have a material adverse effect on our financial condition, although the outcome could be material to our operating results for any particular period, depending, in part, upon the operating results for such period.
Attorney General of Texas
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Section 101, asserting the IG Patents are directed to non-patentable subject matter.
−Removed: The Court has not yet ruled on that motion, as the judge previously stayed
−Removed: the District Court litigation pending resolution of the inter partes reviews and dismissed the motion to dismiss (without ruling on the merits), but granted leave to refile such motion with updated briefing if the stay is lifted.
+Added: The Court has not yet ruled on that motion, as the judge previously stayed the District Court litigation pending resolution of the inter partes reviews and dismissed the motion to dismiss (without ruling on the merits), but granted leave to refile such motion with updated briefing if the stay is lifted.
On June 17, 2020, we filed petitions for inter partes review with the Patent Trial and Appeal Board (the “PTAB”) challenging the validity of each of the IG Patents.
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On April 19, 2022, IG moved to voluntarily dismiss the appeal for the inter partes review related to the ’901 Patent, which was granted on April 20, 2022.
+Added: On July 15, 2022, IG filed its opening briefs in the appeals of the inter partes reviews for the ’231 Patent and ’967 Patent.
The District Court litigation remains stayed pending resolution of all appeals from the inter partes reviews.
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Winview filed its memorandum in opposition to the motion to dismiss on January 24, 2022, and DraftKings filed its reply brief to Winview’s opposition on January 31, 2022.
+Added: On August 3, 2022, we filed a petition for inter partes review with the PTAB challenging the validity of the ‘243 Patent.
We intend to vigorously defend this case.
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The Nevada actions seek unspecified compensatory damages, changes to corporate governance and internal procedures, equitable and injunctive relief, restitution, costs and attorney's fees.
+Added: All proceedings in both pending Nevada actions have been stayed by agreement of the parties pending resolution of the above-referenced motion to dismiss in In re DraftKings Securities Litigation .
The Company cannot predict with any degree of certainty the outcome of these matters or determine the extent of any potential liabilities.
The Company also cannot provide an estimate of the possible loss or range of loss.
−Removed: Because the Nevada actions allege claims on behalf of the Company and purport to seek judgments in favor of the Company, the Company does not believe, based on currently available information, that the outcome of these proceedings will have a material adverse effect on
−Removed: DraftKings’ financial condition, although the outcome could be material to DraftKings’ operating results for any particular period, depending, in part, upon the operating results for such period.
+Added: Because the Nevada actions allege claims on behalf of the Company and purport to seek judgments in favor of the Company, the Company does not believe, based on currently available information, that the outcome of these proceedings will have a material adverse effect on DraftKings’ financial condition, although the outcome could be material to DraftKings’ operating results for any particular period, depending, in part, upon the operating results for such period.
AG 18, LLC d/b/a/ Arrow Gaming
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On March 25, 2022, a scheduling order was entered in which, among other things, trial was scheduled for January 13, 2025.
+Added: On July 18, 2022, Magistrate Judge Burke issued a report and recommendation (the “Report and Recommendation”) that the motion to dismiss be granted-in-part and denied-in-part.
+Added: The Company and Colossus each filed their objections to the Report and Recommendation on August 1, 2022.
We intend to vigorously defend this case.
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Compared sentence by sentence after normalising whitespace, quotation marks, case and digits, so re-formatting and restated figures do not read as changed language. Wording changes appear as one removal and one addition. The current filing and the prior one are authoritative.