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Emily D. Swoboda

Kentucky Appeals Court in Driver's Seat for Now

14 November 2008

The Kentucky Court of Appeals today granted a motion to stay the Dec. 3 circuit court hearing in a high-profile Internet gambling domain-name dispute. The appeals court, therefore, will take control of the case pending a hearing scheduled for Dec. 12.

Today's order, signed by Judge Michelle M. Keller, came in response to an October petition, filed by the Interactive Media Entertainment and Gambling Association, asking the appeals court to assume control of the case. The association argued the circuit court did not have jurisdiction over the dispute -- which involves the seizure and forfeiture of 141 domain names -- and that it acted in an unconstitutional manner.

Imega, an Internet trade organization representing its members in this case, filed the motion jointly with the Interactive Gaming Council, a Canada-based online gaming trade organization. The filing follows an Oct. 16 ruling by Judge Thomas D. Wingate, of circuit court in Franklin County, which said the defendants had 30 days to install software blocking Kentucky citizens from accessing their sites.

The two organizations asked the appeals court to stay the lower court's orders "until such time as its underlying writ of prohibition can be adjudicated by this Court (appeals court)."

Imega is pleased with today's news.

"The case is at the level we asked it to be," Edward J. Leyden, the president of Imega, told IGamingNews by telephone today.

Oral arguments are scheduled for Dec. 3, 2008, at 10:00 a.m., Eastern Standard Time, before a three-judge panel: Judge Keller, Michael Caperton of the Third District and Jeff S. Taylor of the Second District.

If Imega loses this appeal, Mr. Leyden said there are more remedies up the association's sleeve.

"Because the way this (case) was brought we have an automatic right to take it to the state Supreme Court," he said.

Click here to view the motion of stay.

Kentucky Appeals Court in Driver's Seat for Now is republished from
Emily D. Swoboda
Emily D. Swoboda