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As first reported by Gambling911.com, the chief judge of the Kentucky Court of Appeals has approved iMEGA's request to have its petition to send iMEGA, et al v. Commonwealth immediately back to the state's Supreme Court. The order, signed early Friday, allows the Supreme Court to now make a decision on the merits regarding the fate of the 141 domain names the Commonwealth has tried to seize from their owners.
The Supreme Court had issued an intermediate decision, saying that none of iMEGA's "numerous [and] compelling" arguments in defense of the domain owners could be considered until the association satisfied the Court's standing requirements. iMEGA last week submitted affidavits from both the association and Yatahay Limited, owner of the TruePoker.com domain name, to establish that one or more of the affected domains' owners were members of iMEGA.
In the intermediate decision, the Court had also indicated that iMEGA and the other appellees, including Interactive Gaming Council (IGC) and Sportsbook.com, could ask the lower court to immediately move the suit back to the Supreme Court. iMEGA's attorneys submitted such a request at the same time it provided the affidavits.
"Reading the Supreme Court's decision, it was clear they wanted this suit back as soon as possible, and we're happy we were able to comply," said iMEGA chairman Joe Brennan Jr. "We're confident the Court will make a ruling soon, and that we'll finally wrap this up."
Links iMEGA, et al v. Commonwealth of Kentucky: Order Recommending Transfer (PDF format)
