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However, McFadden’s ruling left the door open for Interior to formally reconsider the underlying gaming eligibility question.

Scotts Valley has maintained that federal officials reversed course under intense political pressure from the Yocha Dehe Wintun Nation, a neighboring tribe that opposes the Vallejo casino development.

During Friday’s hearing, McFadden appeared skeptical that Scotts Valley had met the rigorous legal standard required to demonstrate irreparable harm. He has not yet issued a ruling on the preliminary injunction request.

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The ASA’s ruling directed both Dribble Media and Limay Media to ensure the offending advertisement would not be redisplayed in the same form.

This is Midnite’s third ASA ruling this year. Last month, the operator came under scrutiny for an ad that suggested that “gambling was an escape from personal problems”. The ASA received 125 complaints on the offending ad and the company was ordered to remove the advertisement. 

Another June ruling was not upheld.

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Notably, Spectrum said within its report that it did not believe Evolution had engaged in any illegal practices. It also refuted allegations concerning cash payments and the use of Evolution’s games in sanctioned countries.

However, Playtech suggested that Evolution had failed to provide data that would have let Spectrum determine whether gaming sessions had occurred in Iran, Syria and Sudan. 

It also said Spectrum was able to “specifically corroborate” Black Cube’s claims that Evolution’s games were accessible and generating revenue in several “prohibited locations”. These included Hong Kong, Singapore, the United Arab Emirates and Saudi Arabia.