"Plaintiff's opposition does not defend the district court's reasoning, ignores Defendants' key arguments, and seeks to replace Nken's discretionary standard with a categorical rule."
"Courts have consistently held that private entities exercising federally delegated authority may invoke the federal officer removal statute."
"The district court's theory for remanding-the notion that federal supervision defeats removal-is indefensible."
A legal dispute over online prediction markets is intensifying as companies associated with Polymarket appeal to the Ninth Circuit to block a lower court's ruling. They argue that the case should remain in federal court and are requesting an emergency stay while their appeal is processed. The Nevada Gaming Control Board claims the companies operated without a state license, while the companies assert their operations fall under federal jurisdiction. They challenge the lower court's reasoning and emphasize their right to defend themselves federally.
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