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Operator v. state

KalshiEX LLC v. Johnson

U.S. District Court for the District of Arizona, 2:26-cv-01715

On appeal

Judge Michael T. Liburdi denied Kalshi's own PI motion (April 8, 2026) but granted the United States and CFTC a PI (May 5, 2026) barring Arizona's enforcement against CFTC-regulated exchanges, including the criminal case. Cross-appeals are stayed at the Ninth Circuit.

The question

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

Kalshi sued Arizona days before the state disclosed a criminal indictment against it. The federal government's suit was consolidated into this case in April 2026, and Crypto.com's exchange intervened. The court issued a TRO and then a preliminary injunction for the federal plaintiffs, concluding they were likely to succeed in showing Arizona's gambling laws are preempted as applied to CFTC-regulated exchanges.

Docket timeline

  1. Arizona asked the Ninth Circuit (No. 26-4281) to summarily vacate the preliminary injunction as to sports contracts; it renewed the request on Sept. 14, 2026.

    Source: defirate.com

  2. Kalshi appeals the denial of its own motion.

    Source: dockets.justia.com

  3. PI granted for the United States and CFTC; TRO dissolved.

    Source: dockets.justia.com

  4. The district court issued a preliminary-injunction order (scope and beneficiaries not verified).

    Source: defirate.com

  5. Crypto.com's exchange allowed to intervene.

    Source: dockets.justia.com

  6. TRO granted for the United States and CFTC.

    Source: cftc.gov

  7. Kalshi's PI and TRO motions denied.

    Source: dockets.justia.com

  8. Consolidated with United States v. Arizona (No. 2:26-cv-02246).

    Source: dockets.justia.com

  9. Kalshi seeks TRO/PI; defendants disclose a state criminal indictment.

    Source: dockets.justia.com

  10. Complaint filed.

    Source: dockets.justia.com

Sources

  1. Justia docket: KalshiEX v. Johnson, D. Ariz. 2:26-cv-01715
  2. CFTC release 9208-26: CFTC seeks to enjoin Arizona enforcement (2026-04-09)
  3. CFTC release 9211-26: TRO blocks Arizona criminal enforcement (2026-04-10)
  4. Arizona Mirror: criminal case against Kalshi blocked by federal judge (2026-05-05)
  5. Vultax prediction market lawsuit tracker (updated 2026-10-19)
  6. DeFi Rate prediction market lawsuit tracker (updated 2026-10-20)
  7. DeFi Rate prediction-market legal tracker snapshot (2026-10-11)

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