Massachusetts Superior Court, Suffolk County, 2584CV02525
On appeal
Judge Christopher Barry-Smith's preliminary injunction (Jan. 20, 2026) barring Kalshi's sports event contracts in Massachusetts without a license was stayed pending appeal by the Appeals Court on Feb. 17, 2026. The appeal was transferred to the Supreme Judicial Court (No. SJC-13906) in early March 2026 and argued on May 4, 2026; no decision found as of Oct. 21, 2026, and the stay was still described as in effect in October 2026 reporting.
The question
Whether the operator's event contracts are unlicensed gambling under Massachusetts law, or whether federal commodities law preempts the state's claims.
Massachusetts alleges Kalshi offers sports wagers without a Gaming Commission license, accepts users aged 18 to 20 and lacks required responsible-gaming tools. The Superior Court denied Kalshi's motion to dismiss and granted a preliminary injunction, but the Appeals Court stayed the injunction while Kalshi appeals; the appeal is now before the Supreme Judicial Court.