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@ -22,7 +22,7 @@ tags:
summary: "Event-contract exchange designated by the CFTC in November 2020, backed by Sequoia, Paradigm and Andreessen Horowitz, with a former CFTC commissioner on its board and Donald Trump Jr. as a strategic adviser."
location: "New York, New York"
created: 2026-10-13
updated: 2026-10-13
updated: 2026-10-15
relations:
- type: founded
with: "[[Tarek Mansour]]"
@ -254,7 +254,7 @@ In [[New Jersey]], the Third Circuit decided KalshiEX, LLC v. Flaherty (No. 25-1
In [[Maryland]], Judge [[Adam Abelson]] denied a preliminary injunction on August 1, 2025. Kalshi's appeal to the [[Fourth Circuit]] was docketed on August 6, 2025 as No. 25-1892, and on August 12 Maryland gave written assurance that it would forgo enforcement against Kalshi pending the outcome. The Ninth Circuit's opinion of August 28, 2026 records the Fourth Circuit appeal as pending.[^34]
In [[Ohio]], the [[Ohio Casino Control Commission]] sent cease-and-desist letters to prediction markets in 2025, and the Southern District of Ohio (Chief Judge Sarah Morrison) denied Kalshi a preliminary injunction on March 9, 2026. In [[Tennessee]], Judge Aleta Trauger had granted one on February 19, 2026. On September 25, 2026 a Sixth Circuit panel of Judges Clay, Gibbons and Bloomekatz, in an opinion by Judge Julia Gibbons after argument on July 30, 2026, affirmed the Ohio denial and vacated the Tennessee injunction, holding that Kalshi had not shown that sports event contracts are swaps and, alternatively, that the Commodity Exchange Act neither expressly nor impliedly preempts the states' gambling laws.[^35] Briefs for Kalshi were signed by [[Neal Katyal]] and Joshua Sterling of [[Milbank LLP]]. The opinion lists [[Elizabeth Prelogar]] of [[Cooley LLP]] and CFTC counsel Henry Dickman and M. Jordan Minot among counsel for amici, and cites the amicus brief of the Coalition for Prediction Markets "in support of Kalshi."[^35] Ohio's commission dated cease-and-desist notices October 2, 2026 to ten operators including Coinbase, Polymarket and Robinhood and did not include Kalshi; Covers reported that Ohio fined Kalshi 5 million dollars in April.[^36]
In [[Ohio]], the [[Ohio Casino Control Commission]] sent cease-and-desist letters to prediction markets in 2025, and the Southern District of Ohio (District Judge Sarah Morrison) denied Kalshi a preliminary injunction on March 9, 2026. In [[Tennessee]], Judge Aleta Trauger had granted one on February 19, 2026. On September 25, 2026 a Sixth Circuit panel of Judges Clay, Gibbons and Bloomekatz, in an opinion by Judge Julia Gibbons after argument on July 30, 2026, affirmed the Ohio denial and vacated the Tennessee injunction, holding that Kalshi had not shown that sports event contracts are swaps and, alternatively, that the Commodity Exchange Act neither expressly nor impliedly preempts the states' gambling laws.[^35] Briefs for Kalshi were signed by [[Neal Katyal]] and Joshua Sterling of [[Milbank LLP]]. The opinion lists [[Elizabeth Prelogar]] of [[Cooley LLP]] and CFTC counsel Henry Dickman and M. Jordan Minot among counsel for amici, and cites the amicus brief of the Coalition for Prediction Markets "in support of Kalshi."[^35] Ohio's commission dated cease-and-desist notices October 2, 2026 to ten operators including Coinbase, Polymarket and Robinhood and did not include Kalshi; Covers reported that Ohio fined Kalshi 5 million dollars in April.[^36]
On January 20, 2026 [[Suffolk Superior Court]] Judge [[Christopher Barry-Smith]] ruled in Commonwealth v. KalshiEX LLC (No. 2584CV02525) that Kalshi could not offer sports wagering in [[Massachusetts]] without a license and said he would issue a preliminary injunction. Attorney General [[Andrea Campbell]] called the ruling "a major step toward fortifying Massachusetts' gambling laws."[^37] The matter is before the Supreme Judicial Court as No. SJC-13906 (Appeals Court No. 2026-P-244), where the CFTC filed an amicus brief on April 24, 2026 in support of Kalshi and of reversal.[^38]