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DraftKings Loses Bid for Interlocutory Appeal in Lawsuit Over Use of MLB Players’ NILs
A federal judge in Pennsylvania rejected popular sports-betting platform DraftKings’ attempts to certify questions to the appellate court in a name, image and likeness (NIL) dispute with MLB Players Inc., the corporate subsidiary of the league’s players association. MLB Players Inc. v. DraftKings Inc., 24-4884-KSM (E.D.Pa 2025).
District Judge Karen S. Marston of the U.S. District Court for the Eastern District of Pennsylvania shot down DraftKings’ attempts to certify questions for immediate appeal, after the district court denied DraftKings’ motion to dismiss the misappropriation suit brought by MLB Players.
DraftKings sought to certify questions to the U.S. Court of Appeals for the Third Circuit about whether its use of the players’ images fell within an exception regarding news reports and public interest, which it claimed was a matter of first impression. It also sought to certify whether a claim for unjust enrichment in a right-of-publicity case should be dismissed where there is no relationship between the parties, among other things. The defendant requested that the court stay the proceedings pending the Third Circuit’s decision regarding the appeal.
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