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US Responds to iMEGA in Online Gambling Legal Suit

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In late July of this year a little known group called The Interactive Media Entertainment & Gaming Association (iMEGA), filed a lawsuit against the United States Department of Justice (USDJ) requesting a Temporary Restraining Order (TRO) against the enforcement of the Unlawful Internet Gambling Enforcement Act (UIGEA). iMEGA, no longer a little known group, claimed the UIGEA violated their members' first amendment rights and therefore should be awarded the TRO.

The USDJ responded by requesting an extension, which they were granted. They then appointed some of the best lawyers the country has to offer to the case and the new power team submitted a 46 page response to iMEGA's claim citing that iMEGA had no grounds for their lawsuit because they lacked legal standing (grounds for which to bring a lawsuit on behalf of its members for a TRO of the UIGEA). The USDJ also said in the response that iMEGA has no legal standing for the suit under the first and tenth amendments which iMEGA stated as their cause for filing the suit.

Then, iMEGA responded legally to the USDJ's request to have the suit dismissed and the judge, Mary L. Cooper, gave the USDJ until the 21st of September to give a written legal reply to iMEGA's response. In what was seen as a huge win for iMEGA, the Honorable Judge Cooper also gave the case a September 26th date in which she would allow both sides the ability to present oral arguments in a court of law.

Today, Casino Gambling Web came across the USDJ's written response and the arguments are much the same as they were in their initial filing for a dismissal.

The new documents, that can be found in their full PDF form here, state that the members in iMEGA's suit have not been harmed specifically by the passing of the UIGEA. They also state that the iMEGA members, if they are breaking laws presented in the UIGEA, are not acts of free speech, but rather acts of conduct that may or may not be pursued by prosecution. The USDJ also states that no member is currently being prosecuted, as well there is no reason to fear prosecution, therefore iMEGA has no grounds to further pursue a TRO against the UIGEA.

Now, the judge must weigh all arguments and determine if the case has merit enough to be heard at this time. The judge can also award the USDJ their request for a dismissal.

For more expert analysis of the USDJ's latest strategic legal maneuver, along with full analysis of the future shape of the case, stay tuned to Casino Gambling Web. Also stay tuned for breaking news on the September 26th court date when the judge will hear oral arguments in the iMEGA lawsuit.

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