Appeals Court rules in favor of Nevada in prediction market dispute
LV REVIEW JOURNAL SUBSCRIPTION
The U.S. Supreme Court could be the next stop in the continuing legal battle between Nevada gaming regulators and New York-based prediction market KalshiEx LLC.
Kalshi, a financial services company that operates a derivatives exchange and prediction market offering products referred to as event contracts for sale, was ordered Tuesday to stop writing contracts after the Ninth Circuit Court of Appeals ruled in favor of the Nevada Gaming Control in an appeal to a U.S. District Court reversal of a decision by Judge Andrew Gordon on a preliminary injunction in November.
“The board continues to vigorously fulfill its obligation to safeguard Nevada residents and gaming patrons and uphold the integrity of a thriving gaming industry,” said Gaming Control Board Chairman Mike Dreitzer.
Regulators contend that prediction markets have been taking sports bets without being licensed.
Prediction contracts have been offered for sale on Kalshi’s website and mobile app. Kalshi was active in the days leading up to the Super Bowl and some analysts suspect the reason why Nevada casinos had their lowest Super Bowl betting handle since 2016 is because Kalshi siphoned off some of the action. Kalshi indicated it had an estimated $1 billion in Super Bowl contracts sold.
Daniel Wallach, a Florida gaming attorney, said on X that the Supreme Court could be the next stop for the legal dispute that has gone on since the Nevada Gaming Control Board issued a cease-and-desist order to Kalshi in March and the company responded with a lawsuit against individual members of the Control Board, the Nevada Gaming Commission and the attorney general’s office.
Since the legal skirmish began between the two sides early last year, 20 states that offer gambling have taken legal action against Kalshi, Polymarket and Crypto.com, the three largest companies offering prediction contracts.
Michael Selig, chairman of the Commodity Futures Trading Commission, which regulates prediction markets, on Tuesday threw his support behind Kalshi with a “friend of the court” brief. In a statement on the legal disputes, Selig said markets have been operating for two decades and serve as an accurate thermometer to gauge the temperature of public opinion as a backstop to the news media.
“To those who seek to challenge our authority in this space, let me be clear,” Selig said. “We’ll see you in court.”
Other entities have taken sides as well. The Nevada Resort Association is working with the state to defend the gaming industry because many of its members operate legal sportsbooks.
The prediction markets, meanwhile, have been backed by President Donald Trump, whose son, Donald Trump Jr., has invested in Polymarket through his venture capital firm and is a strategic adviser to Kalshi.