CHURCHILL DOWNS TECHNOLOGY INITIATIVES COMPANY v. MICHIGAN GAMING CONTROL BOARD - Articles

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CHURCHILL DOWNS TECHNOLOGY INITIATIVES COMPANY v. MICHIGAN GAMING CONTROL BOARD

Posted by: Azya Thornton on Dec 16, 2025

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Mark G. Sands, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants.

Attorneys 2: ARGUED: Thomas H. Dupree, Jr., GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., for Appellee.

Attorneys 3: ON BRIEF: James P. Kennedy, OFFICE OF THE MICHIGAN ATTORNEY GENERAL, Lansing, Michigan, for Appellants

Attorneys 4: ON BRIEF: Thomas H. Dupree, Jr., John W. Tienken, Abby H. Walters, GIBSON, DUNN & CRUTCHER LLP, Washington, D.C., Christine Demana, GIBSON, DUNN & CRUTCHER LLP, Dallas, Texas, Patrick G. Seyferth, Derek J. Linkous, BUSH SEYFERTH PLLC, Troy, Michigan, for Appellee.

Attorneys 5: ON BRIEF: James M. Stipe, BURCH & CRACCHIOLO, P.A., Phoenix, Arizona, Andrea L. Hansen, HONIGMAN LLP, Lansing, Michigan, Jeffery V. Stuckey, DICKINSON WRIGHT PLLC, Lansing, Michigan, Phillip J. DeRosier, DICKINSON WRIGHT PLLC, Detroit, Michigan, for Amici Curiae.

Judge(s): NALBANDIAN, MATHIS, and RITZ, Circuit Judges

Court Appealed: United States District Court for the Western District of Michigan at Grand Rapids

NALBANDIAN, Circuit Judge. TwinSpires, an Oregon-based electronic wagering platform and a business unit of Churchill Downs Inc., accepts interstate wagers on horseraces. This is legal under the Interstate Horseracing Act (IHA) if TwinSpires obtains consent from state regulators and the racetrack’s racing association. But which state regulators? TwinSpires says only Oregon and the racetrack’s home state. Michigan says it too can regulate wagers that are made in Michigan but accepted on the TwinSpires application. So when TwinSpires fell out of compliance with Michigan’s regulations, Michigan revoked TwinSpires’ license under the Michigan Horse Racing Law (MHRL). TwinSpires sued, arguing that Michigan’s enforcement of the MHRL is inconsistent with the IHA. The district court agreed and issued a preliminary injunction. And we agree with the district court. TwinSpires is likely to show that the IHA preempts Michigan’s licensing requirement, and the other preliminary injunction factors favor TwinSpires. So we affirm.

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