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State v. operator
U.S. Court of Appeals for the Ninth Circuit, 26-1304
Pending
Briefing stage. On May 21, 2026 the court denied Kalshi a stay pending appeal and denied Nevada's motion to dismiss for lack of jurisdiction. An April 16 'argued and submitted' entry was later noted as entered in error; the appeal has not been argued. No merits decision.
The question
Whether Kalshi may obtain appellate review of, and reversal of, the order remanding Nevada's enforcement suit to state court.
Kalshi appealed the remand of Nevada's enforcement action. The Ninth Circuit denied an emergency administrative stay in March and, on May 21, 2026, denied a stay pending appeal while rejecting Nevada's argument that the remand order is unreviewable, because Kalshi removed under the federal-officer statute. The appeal is being briefed.
No decision date set43 days since the petition
Petition filed Sept. 9Pending
Resolves Yes if the court grants rehearing en banc in KalshiEX v. Assad, No if it denies it.
Ninth Circuit No. 25-7516. Source: Court filing citing the petition (PDF)
Clerk extends Kalshi's opening-brief deadline.
Source: dockets.justia.com
Court denies Kalshi's stay pending appeal and denies Nevada's motion to dismiss, holding it has jurisdiction because the case was removed under 28 U.S.C. 1442; briefing schedule reset.
Source: dockets.justia.com
Docket entry shows the case as argued and submitted; the court later noted it was submitted in error because the appeal had not been briefed.
Source: dockets.justia.com
Emergency administrative stay denied.
Source: dockets.justia.com
Kalshi moves for a stay; Nevada moves to dismiss the appeal.
Source: dockets.justia.com
Appeal docketed.
Source: dockets.justia.com