Ohio Cites Major‑Questions Doctrine in Kalshi Appeal
NEW: Ohio has filed its answer brief in the CA6 appeal by Kalshi regarding its sports-event contracts, cites the major-questions doctrine and other clear-statement principles requiring that "Congress speak clearly if it intends major changes to this nation’s balance of power." https://t.co/IaZ5JjC4c0
Kalshi Sues Minnesota, Seeks Injunction Against Prediction Market Ban
NEW: Kalshi sues Minnesota in federal court after the state legislature enacts a prediction market ban against certain types of event contracts, will be seeking a TRO and preliminary injunction to block state from enforcing the new law before it...
Coinbase vs Michigan AG: June 24 Hearing Set
A hearing on Coinbase's motion for preliminary injunction vs. the Michigan Attorney General over sports-event contracts and sports prediction markets will be held on June 24th at 10:30 am before U.S. District Judge Shalina D. Kumar. https://t.co/GKicPDCExK
Tribes Seek to Join CFTC‑Connecticut Lawsuit Hearing
The Mohegan Tribe and the Mashantucket Pequot Tribal Nation have moved to intervene in the CFTC's lawsuit vs. the State of Connecticut, and have requested permission to participate in the court conference scheduled for May 27th. The CFTC opposes the...
RI Judge Schedules May 26 Hearing on Kalshi Injunction
Rhode Island federal judge Mary S. McElroy will hold a hearing in chambers on Tuesday May 26th at 2:00 pm in connection with Kalshi’s motion for temporary restraining order and preliminary injunction vs. @AGNeronha.
No First-to-File Rule; Federal Removal Grants Priority
There is no "first-to-file" rule when competing lawsuits are filed in state and federal court on the same day, as both courts have concurrent jurisdiction. However, I expect Kalshi to promptly "remove" the state court case to RI federal court,...
Ninth Circuit Denial Clears Path for State Gambling Lawsuits
Ninth Circuit stay denial in the remand appeals means that state court civil enforcement lawsuits vs. PMs over unlicensed/illegal gambling can proceed in state court, allowing NV and WA cases to move forward and boosting prospects for similar cases in...
State Prediction Market Bills Are Premature Legal Time‑Wasters
"Wallach described state prediction market bills as misguided and premature 'time-wasters' because the federal preemption fight remains unresolved. “Once enacted into law, these bills become automatic tickets to federal court,” Wallach presciently wrote. https://t.co/VqYcJMgYbU
States Must Challenge CFTC’s Ignored Gaming Contract Ban
States should be keying in on the CFTC's failure to enforce Rule 40.11(a)'s ban on gaming contracts. A government agency's failure to enforce its laws is contrary to the public interest--a key inquiry on a motion for preliminary injunction. My...
Kalshi Seeks Ninth Circuit Stay to Block State Court Remand
NEW: Kalshi has filed another emergency motion for a stay pending appeal with the Ninth Circuit, but this one is to prevent the Washington federal district court from immediately remanding the Washington State AG's civil enforcement action vs. Kalshi back...
Judge Delays Consolidation as Exchanges Push Case Unification
SDNY update in PM cases: - Coinbase and Gemini want to consolidate their cases with CFTC vs. NY. - Judge Marrero will not consider consolidation until after he rules on NY's motion to remand. - Kalshi now wants to designate all cases as...
Utah Court Sets June 25 Hearing on Kalshi Injunction
A Utah federal court has scheduled a hearing on Kalshi's motion for preliminary injunction against Utah Governor Spencer Cox and @UtahAG Derek Brown for June 25th, at 1:30, before Judge Robert J. Shelby. The court will also hear the State's...
New Tenth Circuit Ruling Expands Tribal Online Sports Betting
Ironically, the New Mexico Tribes may benefit from another lower Tenth Circuit decision--Southern Ute Indian Tribe v. Polis (D. Colo. 2025)--which indicated that an online sports bet made while physically present on Indian lands is Class III gaming governed by...
Kentucky Files Class Action to Recover Kalshi Gambling Losses
NEW: A statewide class action complaint has been filed against Kalshi in the U.S. District Court for the Western District of Kentucky seeking to recover the net losses of all KY residents who lost money gambling on Kalshi's website over...
CA9 Reversal Could Trigger Nationwide Tribal IGRA Lawsuits
A reversal at the CA9 would open the floodgates nationally for more Tribal lawsuits under IGRA. The CA9 is the key circuit both on the federal preemption question and the IGRA vs. UIGEA tension, and could become the ticket to...