Sports betting and daily fantasy sports giant DraftKings has called a class action lawsuit filed by one of its customers to be thrown out. In a response to the January 9 legal action, DraftKings lawyers said plaintiff Simpson G. Turley is “trying to capitalize on the tragic and unprecedent circumstances of the unfinished Game.”

That game was the late-season matchup between the Buffalo Bills and Cincinnati Bengals on January 2 which was suspended less than six minutes into the first quarter when Bills safety Damar Hamlin suffered a cardiac arrest and had to be rushed to the hospital. The NFL cancelled the game three days later.

DraftKings cancelled Showdown and Flash Draft contests, refunding all customers’ entry costs

DraftKings and other sites had to decide what to do about bets and contests in the wake of the unexpected situation. Per the terms of its site, DraftKings cancelled Showdown and Flash Draft contests, refunding all customers’ entry costs.

Turley was leading in one of his contests and was second in another, expecting to win $8,000, but those contests were among those cancelled and refunded. He claims the cancellations were “arbitrary” and that DraftKings is in “breach of contract” and has violated state consumer protection laws.

DraftKings’ lawyers say the cancellation and refund policies were clearly laid out prior to Turley’s entries and that he is simply unhappy that his contests fell under that umbrella.