Legal tracker / Kalshi v. Ohio
Case · as of Oct 15, 2026
Kalshi v. Ohio
For the states Denial of injunction affirmed (3-0); rehearing petition pending
Chief Judge Sarah Morrison denied Kalshi a preliminary injunction (Mar. 9, 2026). On Sept. 25, 2026 the Sixth Circuit (Gibbons, J., joined by Clay and Bloomekatz, JJ.) affirmed, holding Kalshi had not shown its sports contracts are 'swaps' within the CFTC's exclusive jurisdiction and, alternatively, that the CEA would not preempt Ohio's gambling laws even if they were. Kalshi is separately challenging the Commission's proposed $5 million penalty in state court. On Oct. 9, 2026 Kalshi (counsel Neal Katyal) petitioned for panel rehearing and rehearing en banc in both consolidated appeals, arguing the decision conflicts with Third and Ninth Circuit rulings and that the CFTC's Oct. 9 swap-definition proposal and interim gambling-exclusion rule 'substantially undermine' the panel's swap holding.
Case record last checked against its sources on Oct 12, 2026.
| Case | KalshiEX LLC v. Schuler |
| Court | U.S. Court of Appeals for the Sixth Circuit; U.S. District Court for the Southern District of Ohio |
| Docket | 26-3196 (6th Cir.); 2:25-cv-01165 (S.D. Ohio) |
| Filed | Oct 7, 2025 |
| Type | Preemption suit |
| Companies | Kalshi |
| Other side | Ohio Casino Control Commission officials (Executive Director Matthew Schuler et al.) and the Ohio Attorney General |
| Last action | Oct 9, 2026: Kalshi petitioned for panel rehearing and rehearing en banc. |
| Next date | : Sixth Circuit action on Kalshi's rehearing petition. |
History
Newest first.
| Date | What happened |
|---|---|
| Oct 9, 2026 | Kalshi filed a petition for rehearing and rehearing en banc covering the Ohio and Tennessee appeals. |
| Sep 25, 2026 | Sixth Circuit affirmed. |
| Jul 30, 2026 | Sixth Circuit oral argument. |
| Jun 29, 2026 | Kalshi sued the Commission in Franklin County Court of Common Pleas over the proposed fine. |
| May 12, 2026 | CFTC filed an amicus brief supporting Kalshi. |
| Apr 24, 2026 | Sixth Circuit denied relief pending appeal and expedited the appeal. |
| Apr 14, 2026 | Commission announced intent to fine Kalshi $5 million. |
| Mar 9, 2026 | District court denied a preliminary injunction. |
| Oct 7, 2025 | Kalshi sued after an Oct. 6, 2025 Commission letter rejecting its preemption position. |
Sources
- Sixth Circuit opinion (PDF) (primary)
- S.D. Ohio order denying PI (Justia) (primary)
- Sixth Circuit docket No. 26-3196 (CourtListener) (primary)
- CFTC press release 9230-26 (Sixth Circuit amicus) (primary)
- News: Yogonet (Kalshi sues Ohio)
- News: DeFi Rate (Sixth Circuit denies stay, expedites)
- News: SBC Americas (Kalshi sues OCCC in state court)
- News: SBC Americas (Sixth Circuit ruling)
- Straight to the Point: PM Corner on the CFTC's new rules
- DeFi Rate prediction-market lawsuit tracker
Kalshi v. Ohio: questions
What is the status of Kalshi v. Ohio?
Denial of injunction affirmed (3-0); rehearing petition pending. Chief Judge Sarah Morrison denied Kalshi a preliminary injunction (Mar. 9, 2026). On Sept. 25, 2026 the Sixth Circuit (Gibbons, J., joined by Clay and Bloomekatz, JJ.) affirmed, holding Kalshi had not shown its sports contracts are 'swaps' within the CFTC's exclusive jurisdiction and, alternatively, that the CEA would not preempt Ohio's gambling laws even if they were. Kalshi is separately challenging the Commission's proposed $5 million penalty in state court. On Oct. 9, 2026 Kalshi (counsel Neal Katyal) petitioned for panel rehearing and rehearing en banc in both consolidated appeals, arguing the decision conflicts with Third and Ninth Circuit rulings and that the CFTC's Oct. 9 swap-definition proposal and interim gambling-exclusion rule 'substantially undermine' the panel's swap holding.
What happened most recently in Kalshi v. Ohio?
Oct 9, 2026: Kalshi petitioned for panel rehearing and rehearing en banc.
What is the next date in Kalshi v. Ohio?
: Sixth Circuit action on Kalshi's rehearing petition.
Compiled from court dockets, opinions, regulator releases and news coverage, linked above. Not legal advice. Ohio: every action · All cases · Interactive tracker