Thursday, October 15, 2026
Law

MLBPA’s NIL Suit Against DraftKings Can Continue, Judge Says

The union is suing over the use of players’ images to promote prop bets.

Juan Soto
Reinhold Matay-Imagn Images

Want more from Front Office Sports
in your search results?

Add Front Office Sports on Google

The MLB Players Association’s lawsuit against DraftKings will move forward after a U.S. district judge in Pennsylvania dismissed the sportsbook’s request to drop the case.

The union had sued last year, alleging several gambling companies illegally used players’ photos to advertise prop bets.

In a decision released Monday, Judge Karen Marston wrote the union’s business arm MLB Players, Inc. has made plausible claims for “violation of the common law right of publicity” and “unjust enrichment” in using players’ name, image, and likeness “without authorization and for their own commercial gain” in promotional materials. The judge dismissed one of MLBPA’s four original counts brought in the case for being similar to another one, but kept the other three.

The union filed complaints against DraftKings, FanDuel, Bet365, and Underdog Fantasy in September for use of its players’ NIL without its permission in promotional materials. The MLBPA claimed the “use of player images within their sportsbook platforms is not merely informational—it is promotional.” The union and FanDuel announced in November they had settled for an undisclosed amount.

“At this early stage, these allegations are sufficient to plausibly allege that each player—even purportedly “lesser known” players like former-Phillies (now–Baltimore Orioles) relief pitcher, Gregory Soto—has a valuable interest in his NIL,” Marston wrote in her decision Monday. A footnote said the court “does not look to pass judgment on the notoriety of Gregory Soto” and was referencing an argument made in an earlier hearing.

Spokespeople for DraftKings and the MLBPA did not immediately provide comment.

Also on Monday, the MLBPA dismissed its claims in the case against Bet365, but it didn’t say whether they had reached a settlement.

This isn’t the only legal action the MLBPA has taken over its players’ NIL in recent months. In August, the union’s business arm filed a federal complaint, also in Pennsylvania, against the Pirates and convenience store chain Sheetz for what it saw as “wrongfully exploited” NIL without union permission. The union dropped the suit in January.

The NFLPA also went after DraftKings in court for $65 million over breach of contract in using players’ NIL in its nonfungible token marketplace. The union filed its initial complaint in August, and it issued fiery comments about DraftKings’ motion to dismiss in December. The two sides agreed to a settlement in principle in January and officially dismissed the case in early March.

Download the FOS App

The business of sports, in your pocket.

QR code to download the app

Scan the QR code to get the app now.

Linkedin
Whatsapp
Copy Link
Link Copied
Link Copied

What to Read

Exclusive

SportsGrid Up for Sale Amid Revenue Slide

Bankers have been pitching suitors since this summer.
Oct 10, 2026; Lexington, Kentucky, USA; LSU Tigers tight end Zach Grace (44) celebrates after scoring a touchdown with offensive lineman Aliou Bah (55) and wide receiver Eugene Wilson III (3) during the first quarter against the Kentucky Wildcats at Kroger Field.

SEC Accuses LSU of ‘Stubborn Refusal’ to Follow Rules

The conference argued the lawsuit against LSU is still relevant.
Oct 12, 2026; Milwaukee, Wisconsin, USA; Los Angeles Dodgers manager Dave Roberts relieves pitcher Kris Bubic (40) during the fifth inning against the Milwaukee Brewers in game two of the NLCS for the 2026 MLB Playoffs at American Family Field.

As Dodgers’ NLCS Hopes Fade, Game 3 Ticket Prices Drop

Get-in pricing for Dodger Stadium games is falling sharply.

PTPA Boss Accused of Harassment, Sexist Conduct in New Suit

The PTPA is listed as both a plaintiff and a defendant.
podcast thumbnail mobile
Front Office Sports Today

10/15/26 – Blake Griffin on Clippers Fine, Buck-Aikman Booth Tension, Elle Duncan’s ‘Toxic’ WNBA Warning

0:00

Featured Today

College Flag Football Is Outgrowing Its DIY Era

Women have been building the college game themselves at the club level.
Oct 5, 2026; Pittsburgh, Pennsylvania, USA; Pittsburgh Penguins general manager Kyle Dubas arrives at the arena before the Penguins host the Winnipeg Jets at PPG Paints Arena
October 12, 2026

NHL’s New Wave of GMs Is Built Different

“I am in the prediction business,” Devils GM Sunny Mehta tells FOS.
Action Images/Peter Cziborra
October 9, 2026

Is Leicester City’s $264 Million Price Tag Too Rich for Hungry Investors?

After falling from grace, how much is a former top club worth?
Oct 3, 2026; Starkville, Mississippi, USA; Alabama Crimson Tide head coach Kalen DeBoer waits to run onto the field prior to the game against the Mississippi State Bulldogs at Davis Wade Stadium at Scott Field. Mandatory Credit: Petre Thomas-Imagn Images
October 7, 2026

Who Is Alabama Football in Year 3 Under Kalen DeBoer?

The No. 6 Crimson Tide host No. 2 Georgia on Saturday.
Cubs behind the scenes
October 6, 2026

Hollywood and TikTok: Sports Media’s New ‘Blueprint’

Teams and leagues are pouring money into the quest for fans.
First at FOS

Controversial Search Firm Memo on Brian Flores Unsealed by Court

The memo is evidence for several of Flores’s claims, his lawyers say.
Mar 16, 2026; Inglewood, California, USA; LA Clippers owner Steve Ballmer reacts against the San Antonio Spurs in the first half at Intuit Dome. Mandatory Credit: Kirby Lee-Imagn Images
Exclusive
October 2, 2026

Ballmer Drops Lawyer Who Called NBA Probe a ‘Witch Hunt’

O’Melveny & Myers had been representing Ballmer in multiple matters.
October 5, 2026

WPBL Records Case Alive Despite Board Member’s Firing

The league’s CEO tried to end the board member’s case by firing her.
Sponsored

Beyond the Scorecard: How Dow Is Putting Purpose at the Center of Women’s Golf

Discover how Dow and the LPGA are building a partnership with lasting impact.
Polymarket logo appears in this illustration taken April 22, 2026.
September 24, 2026

New York Takes Aim at Polymarket With $4.6B Suit

“Our gambling laws exist to protect New Yorkers.”
September 17, 2026

Mark Walter and His Insurance Empire Face New Class Action Suit

An annuity holder sued the owner of the Dodgers and his companies.
Mar 21, 2026; Dallas, Texas, USA; LA Clippers forward Kawhi Leonard (2) looks on during the game between the Mavericks and the Clippers at American Airlines Center. Mandatory Credit: Jerome Miron-Imagn Images
September 11, 2026

Kawhi Leonard Saga Enters Uncharted Territory With Federal Probe

News of the probe comes a week after the NBA announced its punishment.
Cortlandt defeats Pearl River 7-2 in ice hockey action at Bear Mountain Ice Rink in Stony Point on December 16, 2025.
September 11, 2026

Parents Sue Black Bear Sports Over Youth Hockey Hotel Tactics

The suit seeks at least $5 million in damages.