MLBPA fights DraftKings appeal in ongoing publicity rights lawsuit

The Major League Baseball Players Association (MLBPA) is pushing back against DraftKings‘ latest legal move, asking a federal judge to shut down the betting site’s attempt to appeal a ruling that kept the union’s publicity rights lawsuit alive.

In a filing on Thursday (Apr. 17), the MLPBA stated that DraftKings were “hoping that if it throws enough against a wall, something will stick.” The union argued that the company’s request for an appeal doesn’t raise any big legal questions or help move the case closer to a resolution.

The union is trying to block DraftKings’ early appeal so the name, image, and likeness lawsuit can proceed into the discovery phase. In the document, lawyers representing the union stated: “DraftKings has not shown, and cannot show, that an interlocutory appeal would ‘materially advance the ultimate termination of the litigation,’ nor that the order denying its motion to dismiss involves a ‘controlling question of law’ on which there is ‘substantial ground’ for disagreement.

“This Court should deny the motion, deny any stay of discovery, and allow this case to move promptly toward trial.”

In a ruling that may have broader implications across sports, a court has denied DraftKings and bet365's motions to dismiss a lawsuit by the MLBPA over the gambling companies' use of MLB players' NIL on their sportsbooks and in social media ads.

Opinion: https://t.co/a3hQntxsPA pic.twitter.com/2I9QKn3VWo

— Sam C. Ehrlich (@samcehrlich) March 17, 2025

On March 14, Judge Karen S. Marston refused to toss out MLBPA’s claims. She said that while some of DraftKings’ content might look like news reporting, she couldn’t say that all of it qualified, especially since some posts seemed blended with advertising.

MLBPA argued that DraftKings can’t hide behind Pennsylvania’s “news report” exemption in right of publicity law, saying that exception just doesn’t apply to a gambling service. Judge Marston seemed to agree, pointing out in her earlier ruling that the law doesn’t explicitly include a “newsworthiness” carve-out, and she questioned whether things like custom betting odds shown next to player images would count as news.

The union also said that even if, in the “highly unlikely” case, the Third Circuit decides to go with a newsworthiness exemption, applying it would be super fact-specific. That means the case would still need to go through discovery, summary judgment, and probably a full trial, with or without an appeal at this stage.

They also pushed back on DraftKings’ argument that Pennsylvania law doesn’t support claims tied to group licensing or brought by an indirect licensee like MLBPA, saying there’s no legal basis for that claim either.

MLBPA first filed the suit in September. Since then, they’ve dropped Bet365 from the case and also dismissed FanDuel from a related lawsuit in New York. Underdog Sports is still in the mix.

ReadWrite has reached out to the MLBPA and DraftKings’ legal representatives and is awaiting comment.

Featured image: DraftKings / Canva

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