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Checked Oct. 21, 2026

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

  1. 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)

  2. 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.

    Source: Colorado Attorney General (coalition press release)

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)U.S. Court of Appeals, Third Circuit, 25-1922
  • Flaherty v. KalshiEX LLC (cert. petition)U.S. Supreme Court, 26-299
  • Aristotle v. Underdog (private suit)

Sources

  1. Colorado Attorney General (coalition press release)
  2. California Attorney General (coalition press release)
  3. Sports betting status