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Operator v. state

KalshiEx LLC v. Cox

U.S. District Court for the District of Utah, 2:26-cv-00151

On appeal

On Aug. 4, 2026 Judge Robert J. Shelby granted summary judgment to Utah, holding that Utah's anti-gambling laws apply to Kalshi's sports event contracts and are not preempted by federal commodities law; Kalshi appealed to the Tenth Circuit (No. 26-4100), which denied an injunction pending appeal on Sept. 8, 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 sued after Utah's HB 243 added proposition bets to the state's gambling definition. The court entered summary judgment for Utah, and Kalshi appealed.

Open question

Federal appeals, 10th Cir.Open

Will the Tenth Circuit reverse Utah's win over Kalshi?

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

Resolved

  1. 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

    No

Docket timeline

  1. Appeal docketed in the Tenth Circuit.

    Source: dockets.justia.com

  2. Summary judgment granted to Utah.

    Source: kutv.com

  3. PI/TRO motion filed; TRO request withdrawn.

    Source: dockets.justia.com

  4. Complaint filed.

    Source: dockets.justia.com

Sources

  1. Justia docket: KalshiEX v. Cox, D. Utah 2:26-cv-00151
  2. KPCW: Utah sues Kalshi (2026-10-21)
  3. Deseret News: Utah files lawsuit against Kalshi (2026-10-20)
  4. Justia docket: KalshiEX v. Cox, 10th Cir. 26-4100
  5. KUTV: federal judge upholds Utah's gambling ban in Kalshi lawsuit
  6. The Lines: federal judge rejects Kalshi lawsuit in Utah

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