Tribe v. operator
Ho-Chunk Nation v. Kalshi Inc., et al.
U.S. District Court for the Western District of Wisconsin, 3:25-cv-00698 (W.D. Wis.); 26-8020 (7th Cir., petition for permission to appeal)
Injunction denied
On May 11, 2026 Judge William M. Conley allowed the Nation's IGRA claim against Kalshi to proceed but denied a preliminary injunction, dismissed the Lanham Act and RICO claims, and dismissed Robinhood. He certified that ruling for interlocutory appeal on Sept. 11, 2026, and on Sept. 21, 2026 Kalshi petitioned the Seventh Circuit (No. 26-8020) for permission to appeal; no ruling on the petition was found. A litigation tracker reports the district case is stayed during the appeal.
The question
Whether a tribe can sue under IGRA to stop a CFTC-registered exchange from offering sports event contracts to people on its lands, and whether those contracts are class III gaming.
The Ho-Chunk Nation sued Kalshi and Robinhood in August 2025, pleading IGRA, tribal gaming ordinance, RICO, tribal sovereignty and Lanham Act false-advertising claims over sports event contracts offered on its lands. In May 2026 the court held the Nation may pursue its IGRA claim against Kalshi but found it had not shown the irreparable harm needed for a preliminary injunction; it also dismissed the RICO and false-advertising claims and the Robinhood defendants. Kalshi is now seeking permission for an early appeal of the IGRA ruling to the Seventh Circuit.
Docket timeline
Kalshi Inc. and KalshiEX LLC petitioned the Seventh Circuit for permission to appeal under 28 U.S.C. 1292(b); the petition was docketed as No. 26-8020 (captioned Kalshi Inc., et al. v. Ho-Chunk Nation).
Source: dockets.justia.com
Judge Conley certified his May 2026 ruling for interlocutory appeal under 28 U.S.C. 1292(b).
Source: wsn.com
Judge Conley denied Kalshi's motion to dismiss the IGRA claim, dismissed the Lanham Act and RICO claims and the Robinhood defendants, and denied the Nation's preliminary-injunction motion for lack of irreparable harm.
Source: ingame.com
A pretrial conference order set dispositive motions for Nov. 10, 2026 and jury selection and trial for May 24, 2027 (dates may have been affected by the later reported stay).
Source: dockets.justia.com
The Kalshi defendants moved to dismiss the complaint.
Source: ingame.com
The Ho-Chunk Nation filed a five-count complaint against Kalshi and Robinhood entities in the Western District of Wisconsin.
Source: turtletalk.blog
Sources
- Complaint, W.D. Wis. No. 3:25-cv-00698 (via Turtle Talk)
- Kalshi defendants' motion to dismiss (via InGame)
- InGame (2026-05-12)
- CDC Gaming Reports (2026-05-12)
- Courthouse News Service (2026-05-12)
- WEAU (2026-05-12)
- Turtle Talk (2026-05-13)
- Justia Dockets: Seventh Circuit No. 26-8020
- Gambling News: suit filed (2025-08-21)
- Tribal Gaming (2026-05-31)
- WSN prediction-market legal tracker (as of 2026-10-19)
- Mick Bransfield prediction-market litigation tracker (updated 2026-10-21)
- Justia Dockets: W.D. Wis. No. 3:25-cv-00698