NATIONAL COLLEGIATE ATHLETIC v. GOVERNOR OF NJ

No. 18-3550.

939 F.3d 597 (2019)

NATIONAL COLLEGIATE ATHLETIC ASSOCIATION, an unincorporated association; National Basketball Association, a joint venture; National Football League, an unincorporated association; National Hockey League, an unincorporated association; Office of the Commissioner of Baseball, an unincorporated association doing business as Major League Baseball v. GOVERNOR OF the State of NEW JERSEY; David L. Rebuck, Director of the New Jersey Division of Gaming Enforcement and Assistant Attorney General of the State of New Jersey; *Judith A. Nason, Acting Executive Director of the New Jersey Racing Commission; New Jersey Thoroughbred Horsemen's Association, Inc.; New Jersey Sports & Exposition Authority Stephen M. Sweeney, President of the New Jersey Senate; *Craig J. Coughlin, Speaker of the New Jersey Assembly (Intervenors in District Court) New Jersey Thoroughbred Horsemen's Association, Inc., Appellant. *(Amended pursuant to Clerk's Order dated 12/27/2018)

United States Court of Appeals, Third Circuit.

Opinion filed September 24, 2019.


Attorney(s) appearing for the Case

Anthony J. Dreyer , Jeffrey A Mishkin (Argued), Skadden Arps Slate Meagher & Flom, 4 Times Square, New York, NY 10036, Richard Hernandez , William J. O'Shaughnessy , McCarter & English, 100 Mulberry Street, Four Gateway Center, 14th Floor, Newark, NJ 07102, Counsel for Appellees.

Eliott M. Berman , McElroy Deutsch Mulvaney & Carpenter, 570 Broad Street, Suite 1500, Newark, NJ 07102, Ronald J. Riccio (Argued), McElroy Deutsch Mulvaney & Carpenter, 1300 Mount Kemble Avenue, P. O. box 2075, Morristown, NJ 07962, Counsel for Appellants.

Before: McKEE, PORTER and RENDELL, Circuit Judges


OPINION

Temporary restraining orders are not always a sure bet. Federal Rule of Civil Procedure 65(c) requires the party seeking a TRO to "give[] security in an amount that the court considers proper to pay the costs and damages sustained by any party found to have been wrongfully enjoined or restrained." In this...

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