● Live Wisconsin AG suit vs Kalshi & Polymarket pending · NY/IL insider-trading orders in effect · Updated May 2026
← United States Guide ● Litigation tracker · Updated July 25, 2026

Federal vs State
The Litigation Scoreboard

Eleven states are now in active litigation over who regulates prediction markets, and every recent ruling has gone against the platforms. The CFTC won in Arizona (May), but courts ruled against Kalshi in Michigan (June), Nevada (May), New York (July 7), and Washington State (July 21) — where a judge ruled Kalshi likely ran an illegal gambling operation. Michigan is the sharpest live standoff: the ban runs through August 12 with a $500K/day fine, while the CFTC used emergency authority to tell Kalshi to keep operating anyway, creating directly conflicting orders. Minnesota's felony ban takes effect August 1 unless a federal court acts first. This page tracks every case in one place. We update it whenever a case moves.

States in litigation
11
CFTC wins
1
Pending
6
State wins
4

Every active case, newest development first


Washington State won (PI granted) King County Superior Court (state court)
State action · WA Attorney General / WA Gambling Commission

Washington Gambling Commission sent Kalshi a notice that offering event-based contracts was not authorized under state law. Kalshi did not comply. AG sought and obtained a preliminary injunction.

Federal response

No separate CFTC suit filed in Washington. McHale rejected Kalshi's CFTC-preemption argument directly. Injunction terms still being negotiated — both sides asked to submit a compliance plan by the first week of August.

LATEST PI granted July 21 by King County Judge John McHale, who ruled Kalshi likely ran an illegal gambling operation. Fourth state-court ruling against Kalshi — joining Michigan, Nevada, and New York.
Nevada State won (PI + contempt) First Judicial District, Nevada (state court)
State action · Nevada Gaming Control Board

NGCB obtained a May 18, 2026 preliminary injunction requiring Kalshi to geofence sports, elections, and entertainment event contracts from Nevada users. Nevada Supreme Court denied Kalshi's bid to pause the order.

Federal response

No CFTC suit filed in Nevada. Kalshi is contesting the injunction in Nevada state court while simultaneously facing contempt proceedings for alleged non-compliance.

LATEST Full-day contempt evidentiary hearing held July 16. NGCB investigators had purchased prohibited contracts 8 times across 4 days (May 28-June 1) while physically in Nevada, defeating Kalshi's IP-based geofencing. Ruling expected imminently.
Michigan State won (PI denied) US District Court, W.D. Mich. → 6th Cir.
State action · AG Dana Nessel

Sued Kalshi alleging illegal online sports betting. Polymarket and Robinhood counter-sued seeking a preliminary injunction on CFTC-preemption grounds.

Federal response

Polymarket/Robinhood PI DENIED June 19 by Judge Paul Maloney, who held sports event contracts are likely NOT swaps and that CFTC authority would intrude on traditional state regulation.

LATEST TRO extended July 13 (Judge Aquilina): new August 12 geofencing deadline, fine raised to $500K/day. July 14: CFTC used emergency authority to order Kalshi to honor Michigan trades anyway — directly contradicting the state court order. Kalshi is now caught between two conflicting mandates.
New York State won (PI denied) US District Court, S.D.N.Y. + 2nd Cir.
State action · NY Gaming Commission / AG Letitia James

Sent Kalshi a cease-and-desist in 2025, alleging sports gambling without a state license. NY is the largest legal sports-betting market in the US.

Federal response

CFTC sued New York in May 2026. Separately, Kalshi filed its own suit (KalshiEX LLC v. Williams) seeking a PI — denied July 7 by Judge Analisa Torres, who ruled the CEA does not preempt NY gambling law under field, conflict, or impossibility preemption. Kalshi appealed to the Second Circuit the same day.

LATEST Kalshi PI denied July 7 (Judge Torres, SDNY). NY Gaming Commission free to pursue enforcement. Three circuits now have prediction-market cases: 2nd (NY, state won), 6th (Michigan, state won), and 9th (Arizona, CFTC won).
New Mexico CFTC suit pending US District Court, D.N.M.
State action · AG Raúl Torrez

Sued Kalshi (early June 2026) alleging its sports event contracts are unlicensed online sports betting. NM permits sports betting only at tribal casinos under state-tribal compacts.

Federal response

CFTC sued New Mexico June 12. Polymarket filed its own independent federal suit July 1 seeking declaratory judgment and a preliminary injunction — after New Mexico rejected two requests to delay enforcement pending the Kalshi case.

LATEST Polymarket filed independent federal suit July 1 — its first direct preemption litigation without the CFTC. Both the CFTC and Polymarket suits are now pending in D.N.M.
Rhode Island Three cases on the docket US District Court, D.R.I. + RI Superior Court
State action · AG Peter F. Neronha

State-court suits against Kalshi and Polymarket (May 26) alleging sports contracts are illegal sports betting; seeks disgorgement.

Federal response

Kalshi counter-sued in federal court the same day; CFTC filed its own complaint May 29 plus a motion to intervene.

LATEST CFTC complaint filed May 29. Chairman Selig called the state suits an "onslaught" and a "power grab."
Minnesota PI motion pending US District Court, D. Minn.
State action · Gov. Tim Walz / AG Keith Ellison

SF 4760 signed May 19, 2026 — first state felony ban on prediction-market operators, effective August 1, 2026.

Federal response

CFTC sued May 20 seeking preliminary injunction before the effective date.

LATEST PI motion pending. Platforms remain accessible until at least August 1.
Arizona CFTC won (PI granted) US District Court, D. Ariz.
State action · AG Kris Mayes

20 misdemeanor counts against Kalshi (March 2026) over election and sports contracts.

Federal response

CFTC sued; TRO April 10; preliminary injunction May 5 (Judge Liburdi) on three independent preemption grounds: field, conflict, impossibility.

LATEST Preliminary injunction in force. Appeal to the Ninth Circuit expected.
Illinois CFTC suit pending US District Court, N.D. Ill.
State action · Gov. JB Pritzker

Executive order (May 2026) directing state agencies to pursue enforcement against prediction-market operators.

Federal response

CFTC sued Illinois in April 2026 to block state enforcement.

LATEST CFTC suit pending; agency citing the Arizona preliminary injunction as persuasive authority.
Connecticut CFTC suit pending US District Court, D. Conn.
State action · Dept. of Consumer Protection

Cease-and-desist against Polymarket QCEX issued December 2025, on the day of its US launch.

Federal response

CFTC sued Connecticut in April 2026, arguing CEA preemption over DCM-listed contracts.

LATEST CFTC suit pending; agency asking the court to apply the Arizona three-prong framework.
Wisconsin Cross-suits pending US District Court, W.D. Wis. + WI state court
State action · AG Josh Kaul

Sued Kalshi, Polymarket, Robinhood, Crypto.com and Coinbase in state court (late April 2026) seeking permanent injunctions.

Federal response

CFTC counter-sued Wisconsin in federal court April 28 to reaffirm exclusive jurisdiction.

LATEST Both actions pending. Broadest state suit to date — five platforms named.

Three things that decide how this ends


1. The CFTC's proposed rule

CFTC proposed prediction-markets rule published in the Federal Register June 12, 2026 — a 267-page NPRM that would permit most sports event contracts (scores, spreads, win-loss, stats) while banning single-play, injury, officiating, and pre-collegiate contracts. 45-day comment window closes July 27. A formal regulatory regime strengthens every preemption argument the agency is making in court.

2. The White House position

President Trump posted public support for CFTC exclusive jurisdiction in late May 2026, reversing his April "casino" comment.

3. The copycat pipeline

At least 15 state legislatures introduced prediction-market bills in 2026. Massachusetts and New Jersey have similar measures in committee, watching the litigation before moving. With district courts now split — Arizona for the CFTC, Michigan for the state — the first appellate ruling (the Sixth Circuit is positioned to move first after the June 19 Michigan decision) sets the template every other legislature follows or abandons.