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Legal tracker / Kalshi v. Nevada (federal)

Case · as of Oct 15, 2026

Kalshi v. Nevada (federal)

For the states Dissolution of Kalshi's injunction affirmed (3-0); en banc petition pending

The Ninth Circuit (R. Nelson, J., joined by Bade and Lee, JJ.; Lee, J., concurring) held Kalshi's sports event contracts likely are not 'swaps' under the CEA and Nevada's gaming laws likely are not preempted, affirming Judge Andrew Gordon's dissolution of Kalshi's preliminary injunction; it remanded for the district court to address Kalshi's election contracts. Kalshi sought rehearing en banc on Sept. 9, 2026. The decision created the circuit split with the Third Circuit. Kalshi has asked the court to defer action on the petition while the CFTC revises its swap definition; Nevada opposed, arguing the panel's statutory reading would not change with new regulations (letter dated Sept. 25 per secondary reports).

Case record last checked against its sources on Oct 5, 2026.

CaseKalshiEX, LLC v. Assad (D. Nev. caption: KalshiEX, LLC v. Hendrick)
CourtU.S. Court of Appeals for the Ninth Circuit; U.S. District Court for the District of Nevada
Docket25-7516 (9th Cir.); 2:25-cv-00575-APG-BNW (D. Nev.)
FiledMar 28, 2025
TypePreemption suit
CompaniesKalshi
Other sideNevada Gaming Control Board and Nevada Gaming Commission officials (George Assad et al.)
Last actionSep 25, 2026: Nevada opposed Kalshi's request to hold the en banc petition pending CFTC rulemaking.
Next date: Ninth Circuit action on Kalshi's petition for rehearing en banc.

History

Newest first.

DateWhat happened
Sep 25, 2026Nevada opposed Kalshi's request to defer the en banc petition for CFTC rulemaking.
Sep 9, 2026Kalshi filed petition for rehearing en banc.
Aug 28, 2026Ninth Circuit affirmed in part and remanded in part (election contracts).
Apr 16, 2026Ninth Circuit oral argument (heard with the Crypto.com and Robinhood appeals).
Nov 24, 2025District court dissolved the injunction (date per secondary tracker).
Apr 9, 2025District court granted Kalshi a preliminary injunction.
Mar 28, 2025Kalshi sued Nevada regulators (filing date per secondary tracker).

Sources

Kalshi v. Nevada (federal): questions

What is the status of Kalshi v. Nevada (federal)?

Dissolution of Kalshi's injunction affirmed (3-0); en banc petition pending. The Ninth Circuit (R. Nelson, J., joined by Bade and Lee, JJ.; Lee, J., concurring) held Kalshi's sports event contracts likely are not 'swaps' under the CEA and Nevada's gaming laws likely are not preempted, affirming Judge Andrew Gordon's dissolution of Kalshi's preliminary injunction; it remanded for the district court to address Kalshi's election contracts. Kalshi sought rehearing en banc on Sept. 9, 2026. The decision created the circuit split with the Third Circuit. Kalshi has asked the court to defer action on the petition while the CFTC revises its swap definition; Nevada opposed, arguing the panel's statutory reading would not change with new regulations (letter dated Sept. 25 per secondary reports).

What happened most recently in Kalshi v. Nevada (federal)?

Sep 25, 2026: Nevada opposed Kalshi's request to hold the en banc petition pending CFTC rulemaking.

What is the next date in Kalshi v. Nevada (federal)?

: Ninth Circuit action on Kalshi's petition for rehearing en banc.

Compiled from court dockets, opinions, regulator releases and news coverage, linked above. Not legal advice. Nevada: every action · All cases · Interactive tracker