What started as two lawsuits targeting four separate operates is down to a single defendant.
The MLB Players Union appears to have reached some sort of agreement with Underdog, as the organization dropped its suit against the fantasy and sports betting operator last week. That marks the third of the four defendants to reach some sort of agreement outside of court.
The heart of the suit is a claim by the MLB union that the operators in question were using the images and likenesses of MLB players to promote fantasy and sports betting products without the permission of the unin.
Meanwhile, DraftKings continues to push ahead with the fight over whether or not the sportsbook is covered under the First Amendment and other media protection laws to utilize MLB player images within its app and in social media promotion of its product.
The Eastern District of Pennsylvania Court denied DraftKings’ motion to dismiss in March and denied a request to certify parts of that ruling so that the operator could appeal the ruling earlier this month.
The DraftKings case is set to move forward with a trial date set for May 12, 2026.
Underdog joins bet365 and FanDuel on the list of operators initially named in the suit that have since settled. Underdog and FanDuel were named in a case in New York, while bet365 was initially part of the case in Pennsylvania, but settled with the union in March simultaneous with the court’s denial of the motion to dismiss.
The MLB Players Union withdrew the suit against Underdog on May 20. Court documents do not reveal any details nor do they confirm a settlement, they simply note that the case is being voluntarily dropped by the union with prejudice. The dismissal came just two days before oral arguments were set to take place in the case.
