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[BUSINESS] · United States · 33 sources

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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

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Sources

Kalshi loses appeal in court [cointelegraph.com]