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[BUSINESS] · United States, Canada · 69 sources

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Ninth Circuit rules prediction market sports contracts are gambling

The Ninth Circuit Court of Appeals has issued a unanimous 3-0 ruling against prediction market platform Kalshi, determining that its sports-related event contracts function as sports bets rather than federally regulated swaps. The court rejected Kalshi’s argument that the Commodity Exchange Act preempts state gaming laws, allowing Nevada to enforce its gambling regulations against the platform.

This decision marks a significant legal setback for prediction markets, which have sought to operate under the exclusive jurisdiction of the Commodity Futures Trading Commission (CFTC). While Kalshi maintains its contracts are financial derivatives, the court concluded they carry the hallmarks of traditional sports gambling. Kalshi has indicated its intention to appeal.

Simultaneously, regulators in British Columbia have clarified that many prediction market activities, including those on platforms like Polymarket and Kalshi, are considered unregulated gambling and are illegal within the province. Under B.C. law, online gambling is restricted to the PlayNow platform. In the United States, Connecticut has also filed legal action against Kalshi to prevent the offering of unlicensed sports betting contracts within its borders.

Entities

British Columbia · British Columbia Independent Gambling Control Office · Commodity Futures Trading Commission · Connecticut · Kalshi · Nevada · Nevada Gaming Control Board · Ninth Circuit Court of Appeals · Polymarket · William Tong

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