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Sports bets on prediction markets ruled to be "swaps," exempt from state laws

  • On Monday, the Philadelphia-based 3rd U.S. Circuit Court of Appeals ruled 2-1 that the Commodity Futures Trading Commission holds exclusive jurisdiction over Kalshi's event contracts, preempting state gambling laws.
  • Kalshi argues its event contracts qualify as 'swaps' under the Commodity Exchange Act, while states like New Jersey contend the products function as illegal sports betting subject to state licensure and gaming restrictions.
  • "Congress gave the CFTC exclusive jurisdiction over trades on DCMs," CFTC spokesperson Brooke Nethercott said, affirming the ruling aligns with the agency's regulatory authority over these derivatives.
  • Despite this federal victory, state enforcement remains active; a Nevada judge on Friday issued an injunction against Kalshi, and Washington is pursuing litigation to halt the company's operations.
  • The Ninth Circuit will hear further arguments next week on the consolidated Nevada case, while bipartisan legislation in Congress would ban platforms like Kalshi from offering wagers on sporting events.
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Covington-Maple Valley ReporterCovington-Maple Valley Reporter
+7 Reposted by 7 other sources
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WA clashes in court with prediction market platforms Kalshi and Robinhood

Washington sued the online prediction market platform Kalshi last month with claims that the company is violating state gambling laws.

·Federal Way, United States
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thegamblest.com broke the news in on Monday, April 6, 2026.
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