Operator v. state
KalshiEx LLC v. Furcolo
U.S. District Court for the District of Rhode Island, 1:26-cv-00327
Pending
PI motions by Kalshi and the federal intervenors were argued Aug. 3, 2026 before Judge Mary S. McElroy and remain under advisement; Rhode Island has cited Kalshi v. Assad as supplemental authority; no ruling found as of Oct. 21, 2026 (DeFi Rate Oct. 2026 lists the PI motions as still under advisement).
The question
Whether the Commodity Exchange Act preempts Rhode Island gambling or sports-wagering law as applied to event contracts listed on a CFTC-designated contract market.
Kalshi sued after Rhode Island threatened enforcement; the state filed its own suit the next day, and the cases were consolidated. The United States and CFTC intervened on Kalshi's side, while tribal groups filed as amici supporting the state. The state agreed to take no further enforcement action while the motions are decided.
Docket timeline
PI hearing.
Source: dockets.justia.com
Intervention granted.
Source: dockets.justia.com
Consolidated with the state's removed enforcement case (No. 1:26-cv-00333).
Source: dockets.justia.com
United States and CFTC move to intervene.
Source: cftc.gov
Conference: TRO motion treated as PI motion; state agrees to pause further enforcement.
Source: dockets.justia.com
Complaint filed.
Source: dockets.justia.com