DE ยท Checked Oct. 21, 2026
Prediction market law in Delaware
No public action found
Delaware has taken no public action on prediction markets; the Third Circuit's pro-Kalshi ruling, now before the Supreme Court, governs there.
No Delaware cease-and-desist letter, state lawsuit, or prediction-market bill was found. Delaware is in the Third Circuit, which ruled for Kalshi against New Jersey in April 2026; New Jersey's Supreme Court petition (No. 26-299) is pending. Delaware's attorney general has joined multistate filings defending state authority over sports event contracts. A private suit against Underdog was reported filed in August 2026.
Timeline of state actions
Other development, Kalshi
The Delaware attorney general joined a 37-state amicus brief in the Sixth Circuit (KalshiEX LLC v. Schuler) supporting Ohio's authority to apply its gaming laws to Kalshi.
Source: California Attorney General (coalition press release)
Other development
The Delaware attorney general was one of 41 attorneys general on a comment letter asking the CFTC to confirm in rulemaking that it lacks jurisdiction over sports-related event contracts.
Laws and bills
No enacted laws or pending bills specific to prediction markets found.
Court cases
- KalshiEX LLC v. Flaherty (New Jersey case; binding Third Circuit precedent)
- Flaherty v. KalshiEX LLC (cert. petition)
- Aristotle v. Underdog (private suit)