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Legal tracker / Kalshi v. New Jersey

Case · as of Oct 15, 2026

Kalshi v. New Jersey

For the exchanges Injunction for Kalshi affirmed; NJ cert petition pending

The Third Circuit (2-1; Porter, J., with Chagares, C.J.; Roth, J., dissenting) affirmed a preliminary injunction barring New Jersey from enforcing its gaming laws against Kalshi's sports contracts, holding the CEA likely preempts them under field and conflict preemption. New Jersey's cert petition asks whether Dodd-Frank preempted state regulation of sports bets offered on CFTC-registered markets; Kalshi's response is due Nov. 9, 2026. It remains the only federal appellate merits ruling favoring the industry.

Case record last checked against its sources on Oct 12, 2026.

CaseKalshiEX LLC v. Flaherty (cert. petition: Flaherty v. KalshiEX, LLC, No. 26-299)
CourtSupreme Court of the United States (petition); U.S. Court of Appeals for the Third Circuit; U.S. District Court for the District of New Jersey
Docket26-299 (U.S.); 25-1922 (3d Cir.); 1:25-cv-02152 (D.N.J.)
Filed2025-03
TypePreemption suit
CompaniesKalshi
Other sideNew Jersey Division of Gaming Enforcement, Casino Control Commission and Attorney General (Mary Jo Flaherty et al.)
Last actionOct 9, 2026: Amicus briefs supporting review continued: the NFL, former CFTC chair Gary Gensler, former Sen. Chris Dodd, and the American Gaming Association with 145 tribes and tribal organizations (Oct. 8), and the Casino Association of New Jersey (Oct. 9).
Next dateNov 9, 2026: Kalshi's brief in opposition due at the Supreme Court.

History

Newest first.

DateWhat happened
Oct 9, 2026Casino Association of New Jersey filed an amicus brief supporting review.
Oct 8, 2026NFL, Gensler, Dodd, and the AGA with 145 tribes and tribal organizations filed amicus briefs urging the Court to grant review.
Oct 7, 2026Amicus briefs submitted by Ohio, 38 other states and D.C., and by Stop Predatory Gambling, AAPS and Texans Against Gambling.
Oct 6, 2026Cabazon Band of Cahuilla Indians submitted an amicus brief.
Oct 2, 2026IAGR and NAGRA amicus brief filed urging the Court to resolve the circuit split.
Sep 22, 2026Response deadline extended to Nov. 9, 2026; NCLGS amicus brief filed.
Sep 2, 2026New Jersey filed its cert petition (docketed Sept. 8 as No. 26-299).
Jul 24, 2026Justice Alito extended the cert deadline to Sept. 3, 2026.
Jul 1, 2026Justice Alito granted New Jersey a first extension of the cert deadline (to Aug. 4).
Apr 6, 2026Third Circuit affirmed, 2-1.
Sep 10, 2025Third Circuit oral argument.
Apr 28, 2025District court (Judge Edward S. Kiel) granted Kalshi a preliminary injunction.

Sources

Kalshi v. New Jersey: questions

What is the status of Kalshi v. New Jersey?

Injunction for Kalshi affirmed; NJ cert petition pending. The Third Circuit (2-1; Porter, J., with Chagares, C.J.; Roth, J., dissenting) affirmed a preliminary injunction barring New Jersey from enforcing its gaming laws against Kalshi's sports contracts, holding the CEA likely preempts them under field and conflict preemption. New Jersey's cert petition asks whether Dodd-Frank preempted state regulation of sports bets offered on CFTC-registered markets; Kalshi's response is due Nov. 9, 2026. It remains the only federal appellate merits ruling favoring the industry.

What happened most recently in Kalshi v. New Jersey?

Oct 9, 2026: Amicus briefs supporting review continued: the NFL, former CFTC chair Gary Gensler, former Sen. Chris Dodd, and the American Gaming Association with 145 tribes and tribal organizations (Oct. 8), and the Casino Association of New Jersey (Oct. 9).

What is the next date in Kalshi v. New Jersey?

Nov 9, 2026: Kalshi's brief in opposition due at the Supreme Court.

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