United States Seventh Circuit

In plaintiffs' proposed nationwide class action against the National Collegiate Athletic Association (NCAA) and Ticketmaster, alleging that defendants operated illegal lotteries to sell and distribute tickets for certain Division I championship tournaments, district court's dismissal of all claims is reversed and remanded where: 1) plaintiffs have alleged all elements of a lottery as they paid a per-ticket or per-entry fee (consideration) to enter a random drawing (chance) in hopes of obtaining scarce, valuable tickets (a prize); 2) because plaintiffs have sufficiently pled that the NCAA conducted a lottery, the bona fide business transaction exception to the statutory definition of gambling has no effect; 3) the district court erred in holding that the doctrine of in pari delicto bars plaintiffs from seeking relief from court; and 4) district court's order of dismissal must be reversed as to all counts remaining in plaintiffs' second amended complaint.

Appellate Information

• Argued 03/29/2010
• Decided 07/16/2010
• Published 07/16/2010

Judges

• DARRAH

Court

• United States Seventh Circuit

Counsel