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No News from Supreme Court in Fun 5’s Case

Many lottery players hoped that the Texas Supreme Court would render a decision this month on whether to grant or deny GTECH’s Petition for Review in the Fun 5’s case.  It appears unlikely that a decision will be handed down this month.  The Court’s calendar shows that the last conference for the members of the Court was held on August 24th.  The next conference is scheduled for September 25th.  It is unlikely the Court will act before then.  In the meantime, GTECH will likely file a Reply to the players’ Response in the coming weeks.  The Court will likely review GTECH’s Petition, the players’ Response, and GTECH’s Reply at the same time before making a decision.  If the decision is to deny GTECH’s Petition without additional briefing or argument, the case will be sent back to the trial court in Austin.  If at least three members of the Court want to hear more arguments, the parties will be asked to provide more detailed briefs and may also be asked to provide an oral argument.  If that happens, it is unlikely that the arguments will take place until this Fall.  In the meantime, those lottery players who are interested in a fair and honest lottery can only be patient and hope that the Court will ultimately find that lottery players are entitled to their day in court.

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