Justia Commercial Law Opinion Summaries

This appeal focused on the legality of a video gaming device known as Bankshot, which was developed and distributed by Appellees. Appellees filed this lawsuit after the State seized two Bankshot devices as alleged illegal gambling devices, seeking a declaration that they were not illegal. The state agencies and officers who were named as defendants filed a counterclaim seeking a declaration that Bankshot was a "game of chance" and therefore an unlawful gambling device. The district court (1) found that Bankshot was a game of chance when played in some modes but not when played by others; (2) ultimately concluded that Bankshot was a gambling device under Nebraska law; and (3) refused the State's request for injunctive relief, reasoning that there was no showing that Appellees knowingly used Bankshot to advance unlawful gaming activity. The Supreme Court affirmed, holding that the circuit court did not err in denying injunctive relief because (1) where the Bankshot game was reconfigured to comply with the terms of the district court order, injunctive relief completely banning the development and distribution of Bankshot in any form was not warranted; and (2) Bankshot, as currently configured, was not a game of chance. View "Am. Amusements Co. v. Neb. Dep't of Revenue" on Justia Law