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Operator v. state

Robinhood Derivatives, LLC v. Nessel

U.S. Court of Appeals for the Sixth Circuit, 26-1542

Pending

Robinhood's brief filed Aug. 17, 2026; Michigan's brief was due Sept. 15, 2026. To be heard by the same panel as the Polymarket US appeal. No decision.

The question

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

Robinhood is appealing the denial of preliminary relief against Michigan. Its request to expedite and consolidate with the Kalshi appeals was denied on July 2, 2026.

Open question

Resolved

  1. Will a Sixth Circuit panel side with Kalshi against Ohio and Tennessee?

    The panel affirmed the denial of Kalshi's injunction in Ohio and vacated Kalshi's injunction in Tennessee and remanded. Kalshi has asked for rehearing. Sixth Circuit Nos. 26-3196 and 26-5235. Source: Opinion

    No

Docket timeline

  1. MGCB announces Robinhood's agreement to halt Michigan sports-related contracts pending the litigation.

    Source: michigan.gov

  2. Robinhood's opening brief filed.

    Source: dockets.justia.com

  3. Omnibus motion denied; appeal to proceed normally.

    Source: dockets.justia.com

  4. Appeal docketed; motion to expedite and consolidate filed.

    Source: dockets.justia.com

Sources

  1. Justia docket: Robinhood Derivatives v. Nessel, 6th Cir. 26-1542
  2. MGCB: Robinhood agrees to halt sports-related event contracts (2026-09-09)

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