A federal appeals court has refused Kalshi’s application to delay the enforcement of a ban against the company in Nevada. This means the state’s regulators can go ahead and enforce a temporary restraining order (TRO) against the prediction market platform.
Kalshi had been served by the Nevada Gaming Control Board in March with a cease-and-desist order, which stated that its sports event contracts equate to unlicensed sports betting under state laws.
Kalshi maintains that its event contracts are regulated solely at the federal level by the Commodity Futures Trading Commission (CFTC), and that a prohibition on its contracts would bring about “imminent harm”.
Nevertheless, the Ninth Circuit Appeals Court’s ruling results in the matter being referred back to the federal court, thereby permitting the Nevada regulators to proceed with their measures.
Legal expert in gaming Daniel Wallach anticipates that a TRO against Kalshi will be issued shortly, and that it won’t be able to operate in Nevada for at least the next 14 days until a preliminary injunction hearing is conducted.
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Kalshi has cautioned that if the court allows Nevada to move forward with its TRO even though the federal lawsuit is still pending, it could lead to conflicting decisions.
The litigant contends that the courts might come to “totally different conclusions” about whether federal commodities law preempts state gambling laws and that it could “lead to jurisdictional chaos”.
https://x.com/WALLACHLEGAL/status/2034670439302135874.
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Prediction markets such as Kalshi and Polymarket have gained quite a bit of popularity recently, with their weekly trading volumes going beyond $2 billion.
On the other hand, a closer examination by politicians and regulators has caused worries about insider trading and manipulation of the market. While Kalshi is figuring out this regulatory environment, its result could be very important for the overall prediction market sector.
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