Kalshi loses in the Ninth Circuit (again) to the California Tribes

Prediction-market litigation has tended to turn on the same fault line this ruling exposes: whether event contracts are derivatives under exclusive federal commodities jurisdiction or gambling subject to state and tribal regimes, and courts have not been uniform in their answers.

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Kalshi loses in the Ninth Circuit (again) to the California Tribes

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  • Appeals court reverses district court’s denial of Tribes’ Motion for preliminary injunction, rules that sports-event contracts are Class III Gaming under IGRA and are not shielded by UIGEA. 3-0.
Context

An appellate holding that sports-event contracts fall under tribal gaming law, rather than being shielded by the federal gaming statutes the platforms cite, cuts against the industry's core jurisdictional argument and does so at a level that creates binding precedent within the circuit while leaving a split that invites further review. The usual sequence after reversals of this kind is a petition for rehearing and, failing that, a push to the Supreme Court, with the operative question in the interim being whether the injunction actually halts the product in the affected jurisdiction or is stayed pending appeal. Unanimous panels have historically made rehearing harder to obtain, which raises the relative weight of the high-court track. Listed gaming and exchange peers have traded off these rulings before, with direction hinging on whether a decision threatens the national product or only one state's footprint. The tells are any stay application, the operator's response on geofencing, and whether parallel suits in other circuits read from this reasoning.

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