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Sixth Circuit rules states can regulate Kalshi sports contracts
The U.S. Sixth Circuit Court of Appeals has ruled that states, specifically Ohio and Tennessee, have the authority to regulate Kalshi’s sports-related event contracts under their respective gambling laws. A unanimous three-judge panel determined that Kalshi failed to prove its contracts qualify as “swaps” under the Commodity Exchange Act, which would have granted exclusive jurisdiction to the Commodity Futures Trading Commission (CFTC).
The court found that the financial or economic consequences of sports outcomes are too indirect and speculative to meet the legal definition of a swap. Furthermore, the judges ruled that even if the contracts were classified as swaps, federal law would not preempt state gambling statutes. This decision reverses a lower court ruling in Tennessee that had previously favored Kalshi.
The ruling deepens a significant legal split among federal appellate courts. While the Sixth and Ninth Circuits have supported state regulatory authority, the Third Circuit previously ruled in favor of Kalshi regarding operations in New Jersey. This jurisdictional conflict over whether prediction markets are regulated as financial instruments or gambling products is expected to potentially reach the U.S. Supreme Court.
Entities
Commodity Futures Trading Commission · Kalshi · Ohio · Sixth Circuit Court of Appeals · Tennessee
Claims
What the coverage asserts, and how many sources carry each claim.
- [● 2 SOURCES] The court noted that Kalshi's sports contracts are virtually indistinguishable from sports bets. unchainedcrypto.com · usaherald.com
- [● 11 SOURCES] The court ruled that even if the contracts were swaps, federal law does not preempt state gambling laws in Ohio and Tennessee. coinpost.jp · www.tokenpost.com · arynews.tv · www.cryptopolitan.com · cryptoslate.com · +6 more
- [● 18 SOURCES] The Sixth Circuit Court of Appeals ruled that Kalshi's sports-related event contracts do not meet the legal definition of swaps. coinpost.jp · kryptolehti.fi · npinvestor.dk · www.spacemoney.com.br · www.tokenpost.com · +13 more
- [● 12 SOURCES] The decision was reached by a unanimous three-judge panel. kryptolehti.fi · www.spacemoney.com.br · www.tokenpost.com · arynews.tv · www.cryptopolitan.com · +7 more
- [● 6 SOURCES] The ruling vacated a lower court decision in Tennessee that had previously favored Kalshi. kryptolehti.fi · www.spacemoney.com.br · www.covers.com · www.cryptopolitan.com · blockchainreporter.net · +1 more
- [● 4 SOURCES] Kalshi spokesperson Dani Lever stated that the ruling creates a state-by-state patchwork that prevents markets from functioning. coinpost.jp · arynews.tv · www.ntd.com · china.timesofnews.com
- [● 8 SOURCES] The decision increases the legal split between federal circuits regarding prediction market jurisdiction. npinvestor.dk · www.tokenpost.com · arynews.tv · coinedition.com · cryptonomist.ch · +3 more
- [● 7 SOURCES] The Sixth Circuit Court of Appeals upheld a lower court decision in Ohio that had ruled against Kalshi. kryptolehti.fi · www.spacemoney.com.br · www.covers.com · www.cryptopolitan.com · alienwp.com · +2 more