NCAA Ticket Distribution Plan Is Not an Illegal Lottery

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April 21, 2011

Full Disclosure -- our firm represents the plaintiffs in the case discussed below.

Last year, we informed you that the 7th Circuit held that the plaintiffs in a class action case had successfully pleaded that NCAA operated illegal lotteries to sell and distribute tickets for certain Division I championship tournaments. We also informed you that the 7th Circuit then certified three questions to the Indiana Supreme Court. Today, the Indiana Supreme Court issued its decision and held that the 7th Circuit was incorrect - the NCAA's ticket-distribution plan does not constitute a lottery under Indiana law in George v. Natl. Collegiate Athletic Assn., ___ N.E.2d ___ (Ind. 2011), Cause No. 94S00-1010-CQ-544.
Lessons:
  1. An item is not a prize in a lottery if no market exists for the item before it is offered by the person running the purported lottery..
  2. Rely on standard dictionaries, rather than legal dictionaries, when addressing the Indiana Supreme Court.
Brad A. Catlin
Price Waicukauski & Riley, LLC
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