Latest
Checked Oct. 21, 2026
Operator v. state
U.S. Court of Appeals for the Tenth Circuit, 26-4100
Pending
The Tenth Circuit denied Kalshi's emergency motion for an injunction pending appeal on Sept. 8, 2026; the appeal remains pending with no merits ruling found as of Oct. 21, 2026.
The question
Whether the Commodity Exchange Act preempts Utah gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.
Kalshi's Tenth Circuit appeal from the summary judgment for Utah is the first in that circuit on the preemption question; Kalshi says it is unaffected by Utah's new state-court suit.
No decision date set78 days since the appeal was docketed
Appeal docketed Aug. 5Pending
Resolves Yes if the court reverses or vacates the district court's judgment for Utah in KalshiEx v. Cox, No if it affirms.
Tenth Circuit No. 26-4100. Source: Court docket
Will the Tenth Circuit shield Kalshi from Utah while it appeals?
The court denied Kalshi's emergency motion for an injunction pending appeal. Tenth Circuit No. 26-4100. Source: SBC Americas
Tenth Circuit denies Kalshi's emergency motion for an injunction pending appeal.
Source: sbcamericas.com
Appeal docketed.
Source: dockets.justia.com