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Connecticut Federal Court Denies Kalshi's PI — With a Novel Argument: Sports Event Contracts Are Not 'Swaps' at All

A Connecticut federal judge has denied Kalshi's preliminary injunction request, allowing the state to enforce gambling laws against its sports contracts. Judge Oliver's ruling introduces a new legal theory: sports event contracts are not 'swaps' under the Commodity Exchange Act at all, because they depend on event outcomes rather than whether an event occurs. Kalshi has appealed to the Second Circuit, which now has two simultaneous Kalshi appeals that may be consolidated. The ruling conflicts directly with a Third Circuit ruling from April.

Judge Vernon D. Oliver of the U.S. District Court for Connecticut has denied Kalshi's request for a preliminary injunction, allowing the state Department of Consumer Protection to enforce gambling laws against Kalshi's sports-event contracts. The ruling introduces a statutory argument that prior courts had not used as the primary basis for their decisions: Kalshi's sports contracts do not satisfy the Commodity Exchange Act's definition of a 'swap' because they depend on event outcomes — which team wins — rather than on whether an event occurs at all. The CEA defines swaps as instruments tied to whether an event 'occurs, fails to occur, or occurs to a particular extent.' Judge Oliver found that a contract paying out on the result of a match is structurally different from that definition, and therefore falls outside federal derivatives jurisdiction regardless of preemption doctrine.

For UK readers, the swap-definition argument is the most technically significant element. UK financial regulation distinguishes between contracts-for-difference (derivatives that track an underlying) and spread bets (which are taxed differently and regulated under Gambling Commission rather than FCA rules in most retail contexts). Judge Oliver's reasoning draws a comparable line: a prediction market sports contract is closer to a sports wager — a binary outcome tied to a result — than to a derivative tied to the economic value of an underlying asset. That distinction, if adopted by the Second Circuit or the Supreme Court, would mean prediction market sports contracts are gambling products as a matter of federal statutory interpretation, not just as a matter of state regulatory preference. UK regulators watching the US litigation landscape will note that this is exactly the framework the Gambling Commission and FCA have long applied: products whose value depends on sports outcomes are gambling, not financial instruments, regardless of how the provider is structured.

The Connecticut ruling creates a circuit split with the Third Circuit's April finding that Kalshi's contracts ARE swaps. A split on the interpretation of the same federal statutory definition is the clearest available trigger for Supreme Court review. Daniel Wallach, a US gaming law attorney, noted that Kalshi now has two simultaneous Second Circuit appeals — the New York case from July 7 and this Connecticut case — which could be consolidated for oral argument. Prediction market traders are pricing a 64% probability of Supreme Court review by year end. Judge Oliver also cited Kalshi's own marketing describing the platform as offering 'legal sports betting nationwide' as evidence that the products function as sports wagering regardless of formal regulatory classification — a detail that echoes how UK regulators have sometimes used operators' own commercial framing to determine product classification.

The broader picture for UK policy observers is that the US litigation, now producing five consecutive PI denials against Kalshi and a growing circuit conflict, is converging toward the conclusion that international regulatory norms on this question are broadly consistent. The article notes that jurisdictions including the UK and Canada treat prediction market sports contracts as gambling rather than derivatives — a characterisation that the Connecticut court's reasoning now supports from a US statutory interpretation perspective. At least 34 US states and territories have filed briefs backing state regulatory authority. The NFL season begins in September, which is the next major commercial test for the sector. The legal framework will likely remain unresolved for months — but the swap-definition argument, now embedded in a federal ruling, gives future courts a statutory hook that does not depend on the contested preemption doctrine that has produced inconsistent results across Arizona, Michigan, New York, and Connecticut.

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Utah Files Felony Charges Against Kalshi and Its Founders — Second State to Criminally Charge a Platform

Utah filed criminal charges against Kalshi and its two co-founders, Tarek Mansour and Luana Lopes Lara, on October 28 — 13 felonies and a misdemeanour, including a second-degree 'pattern of unlawful criminal activity' count and 12 counts of online gambling promotion. The charges stem from a September sting in which an undercover agent placed 12 sports wagers verified to be in Utah. The CFTC sued Utah the day before to block state enforcement, its tenth such suit. Utah is the second state after Arizona to criminally charge Kalshi, and the first to charge the founders personally. Kalshi called it a 'crazy overreach.'

NBA Names Kalshi and Polymarket Preferred Exchanges — Leaving the NFL Alone in Opposition

The NBA announced on October 26 that it has named Kalshi and Polymarket its 'preferred prediction market exchanges,' signed a non-binding memorandum of understanding with the CFTC on basketball integrity, and expanded its DraftKings deal to include prediction markets — the first league to extend a sportsbook partnership into the category. The exchange deals bar league and team personnel from trading NBA contracts, limit permissible markets, and require sharing suspicious-trading data, in exchange for NBA intellectual property and official data. The NBA joins MLB, the NHL, and MLS as partnered leagues, leaving the NFL as the lone major holdout — and the only league fighting the platforms in court.

CFTC Chair Says Agency Is Watching Prediction Markets for Manipulation Ahead of Midterms

CFTC Chairman Michael Selig said on October 23 that the agency is closely monitoring prediction markets for manipulation ahead of the November 3 midterms, and that it is separately scrutinising oil market trading tied to President Trump's announcements about the war in Iran. Combined midterm open interest on Kalshi and Polymarket stood at $250 million as of October 18, with Kalshi holding 84%. Selig acknowledged the agency often catches political figures trading 'oftentimes after the fact.' The remarks highlight the CFTC's dual role as both the platforms' federal protector and their manipulation watchdog.