Originally Posted by dj11
I still hate legal briefs. According to what I read there any game, or contest can be considered gambling, and thus subject to the IGBA (Illegal Gambling Business Act).
It comes down to poker being considered gambling under NY law, and thus subject to the IGBA. So arguing in Federal Court that poker is a game of skill is irrelevant, because poker is gambling under the state law, and even if the Federal Court took the skill argument to heart and didn't consider poker gambling under Federal law, it makes no difference in this case.