Question: Please use the IRAC writing method (1) Please read the enclosed hypothetical scenario and answer whether or not the casino's Motion to Dismiss for lack
Please use the "IRAC" writing method
(1) Please read the enclosed hypothetical scenario and answer whether or not the casino's Motion to Dismiss for lack of personal jurisdiction will be granted. New Jersey passes a law that allows legalized online gambling. The law requires that only persons within the State of New Jersey may access the system, and requires that only internet accounts that can be verified within the State boundaries can access the gaming rooms. One casino is sued by Paul Peterson, a citizen of Pennsylvania. PP states that the casinos do not pay out at the percentage required by New Jersey law, and are therefore guilty of fraudulent conduct. PP played the casinos on a vacation to Atlantic City. He stayed in a room at the casino, which was given to him for free for his past gambling activity. He was told about the free room via a mailed advertisement sent to his house in PA. PP has sued the casino in Pennsylvania Court.
(2) Please read the enclosed hypothetical scenario and answer whether or not the casino is a "government actor" whereby the Plaintiff's constitutional arguments may proceed. In addition to the question above, the casinos have been sued by an anti-gambling activist group which seeks to sue the casinos under the 5th Amendment, arguing that online gambling deprives citizens of "life, liberty and property". Their argument is that by capitalizing on gambling addicts, the government (by way of the casinos), is harming citizens in violation of the Constitution. The suit is filed directly against the casinos, who the activists groups argue is a government actor. These arguments are based on the fact that the purpose of gambling in New Jersey is to foster commerce within New Jersey and to use the gambling earnings to fund government programs. New Jersey doesn't operate the websites themselves, but it gives licenses to casinos to develop the websites, which restricts who is allowed to take bets under the law. Also, New Jersey did not create the websites, but it receives a percentage of the casinos profits every month.
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