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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.

CaseKalshiEX LLC v. Schuler
CourtU.S. Court of Appeals for the Sixth Circuit; U.S. District Court for the Southern District of Ohio
Docket26-3196 (6th Cir.); 2:25-cv-01165 (S.D. Ohio)
FiledOct 7, 2025
TypePreemption suit
CompaniesKalshi
Other sideOhio Casino Control Commission officials (Executive Director Matthew Schuler et al.) and the Ohio Attorney General
Last actionOct 9, 2026: Kalshi petitioned for panel rehearing and rehearing en banc.
Next date: Sixth Circuit action on Kalshi's rehearing petition.

History

Newest first.

DateWhat happened
Oct 9, 2026Kalshi filed a petition for rehearing and rehearing en banc covering the Ohio and Tennessee appeals.
Sep 25, 2026Sixth Circuit affirmed.
Jul 30, 2026Sixth Circuit oral argument.
Jun 29, 2026Kalshi sued the Commission in Franklin County Court of Common Pleas over the proposed fine.
May 12, 2026CFTC filed an amicus brief supporting Kalshi.
Apr 24, 2026Sixth Circuit denied relief pending appeal and expedited the appeal.
Apr 14, 2026Commission announced intent to fine Kalshi $5 million.
Mar 9, 2026District court denied a preliminary injunction.
Oct 7, 2025Kalshi sued after an Oct. 6, 2025 Commission letter rejecting its preemption position.

Sources

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