● Live Wisconsin AG suit vs Kalshi & Polymarket pending · NY/IL insider-trading orders in effect · Updated May 2026
← United States Guide ● Litigation tracker · Updated June 9, 2026

Federal vs State
The Litigation Scoreboard

Seven states are in active litigation over who regulates prediction markets: the CFTC under the Commodity Exchange Act, or state gaming authorities under traditional gambling law. This page tracks every case in one place — status, court, the latest development, and what it means for platform access. We update it whenever a case moves.

States in litigation
7
CFTC wins
1
Pending
6
State wins
0

Every active case, newest development first


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."
New York CFTC suit pending US District Court, S.D.N.Y.
State action · NYDFS / AG Letitia James

Alleged Coinbase and Gemini violated state gambling laws by listing event contracts. Polymarket QCEX blocks NY residents.

Federal response

CFTC sued New York in May 2026, days after the Coinbase/Gemini action.

LATEST CFTC suit pending. Hochul executive order on state-employee insider trading is not directly challenged.
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 under OMB/OIRA review since May 26, 2026. Federal Register publication expected late summer or early fall. 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. The first appellate ruling — most likely the Ninth Circuit reviewing Arizona — sets the template every other legislature follows or abandons.