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Consumer Protection Law

Jul. 30, 2026

Breyer bars damages in DraftKings fantasy sports suit

Senior U.S. District Judge Charles R. Breyer ruled that California's longstanding prohibition on recovering gambling losses bars plaintiffs from seeking restitution in a class action against DraftKings, but allowed claims for injunctive relief to move forward, finding consumers may still face future harm while the company continues operating in California.

Breyer bars damages in DraftKings fantasy sports suit
Senior U.S. District Judge Charles R. Breyer

Plaintiffs in a class action against DraftKings alleging its daily fantasy sports competitions violate California gambling laws can't use the courts to recover their losses, Senior U.S. District Judge Charles R. Breyer ruled Wednesday, but the lawsuit can move forward for the purposes of an injunction.

Breyer sided with DraftKings, represented by Coblentz Patch Duffy & Bass LLP, that longstanding California precedent bars plaintiffs from turning to the courts to recover ga...

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