Latest

Checked

Operator v. state

KalshiEX, LLC v. Flaherty

U.S. District Court for the District of New Jersey, 1:25-cv-02152

Injunction granted

Judge Edward S. Kiel's April 28, 2025 preliminary injunction bars New Jersey enforcement against Kalshi's sports contracts; the Third Circuit affirmed and the case is stayed pending the appellate mandate.

The question

Whether the Commodity Exchange Act preempts New Jersey gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.

Kalshi sued after New Jersey sent it a cease-and-desist letter over its sports event contracts. The court granted a temporary restraining order and preliminary injunction against civil or criminal enforcement, conditioned on a $100,000 bond. New Jersey appealed, and the district case is stayed.

Open question

Resolved

  1. Will the Third Circuit keep Kalshi's injunction against New Jersey in place?

    A divided panel affirmed the preliminary injunction, 2-1. New Jersey has asked the Supreme Court to review it. Third Circuit No. 25-1922. Source: Opinion

    Yes

Docket timeline

  1. Third Circuit affirms the preliminary injunction.

    Source: law.justia.com

  2. Proceedings stayed pending the Third Circuit mandate.

    Source: dockets.justia.com

  3. State defendants appeal to the Third Circuit.

    Source: dockets.justia.com

  4. Court grants TRO and preliminary injunction.

    Source: dockets.justia.com

  5. Complaint and TRO/PI motion filed.

    Source: dockets.justia.com

Sources

  1. Justia docket: KalshiEX v. Flaherty, D.N.J. 1:25-cv-02152
  2. Justia: KalshiEX v. Flaherty, No. 25-1922 (3d Cir. 2026-04-06)
  3. DeFi Rate prediction market lawsuit tracker (updated 2026-10-20)

Search the site

↑↓ to moveEnter to openEsc to close