International: Court sets date for iMEGA appeal

The Interactive Media Entertainment and Gaming Association said Friday that the U.S. 3rd Circuit Court of Appeals has scheduled a hearing for the organization’s challenge to the Unlawful Internet Gambling Enforcement Act.

Appeals clerk Marcia M. Waldron notified the organization and the U.S. Justice Department that the court has tentatively scheduled iMEGA v. Attorney-General USA et al. for July 6, 2009, in Philadelphia.

The court moved the hearing, which was originally scheduled for April, due to a motion from iMEGA to supplement the record with news of blocked payments to state lotteries. Despite opposition from the Justice Department, the court submitted the motion to its merit panel.

The motion pertains to information that credit-card companies blocked payment to legal state lotteries in New Hampshire and North Dakota to comply with the UIGEA. According to iMEGA’s counsel, the companies changed the status of the exempted transactions from “government” to “online gambling.”

The Justice Department opposes the move because iMEGA’s counsel submitted the motion two days late. However, the court has decided to consider the motion based on its “merit,” rather than dismiss it because of a technicality.

“We’re very happy the court is moving forward on this,” iMEGA chairman Joe Brennan said. “We’re confident the court will consider the real-world effect of the law, regardless of the DOJ’s opposition.”