TREE NEWS update: A US Sixth Circuit Court of Appeals panel ruled that prediction market Kalshi’s sports event contracts are not swaps, making them subject to state gambling regulation rather than CFTC rules. The decision covers two suits Kalshi filed against regulators in Ohio and Tennessee. A federal court in Ohio denied Kalshi’s bid for an injunction, while a federal court in Tennessee granted it.
US Appeals Court Rules Kalshi Sports Contracts Subject to State Gambling Law
The ruling cuts against the CFTC's claim to exclusive authority over event contracts, handing states a path to regulate prediction markets under gambling law. That matters most for platforms whose sports books sit outside traditional derivatives oversight, and for the state regulators now testing their reach. The split outcome between Ohio and Tennessee — one denying, one granting injunctive relief — signals the question is far from settled, and whether other circuits follow the Sixth is the open question.
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