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Second Circuit Won’t Pause New York, Connecticut Actions Against Kalshi and Coinbase

A Second Circuit panel turned down the prediction-market companies' requests for interim relief in a two-page order on Tuesday that leaves their federal preemption argument unresolved.

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By Dextape Desk ·

On Tuesday, Nov. 3, the U.S. Court of Appeals for the Second Circuit denied requests from Kalshi and Coinbase to pause state actions while their appeals proceed. Kalshi cannot obtain federal court protection from New York's gaming regulator or Connecticut's consumer protection department, and Coinbase cannot obtain it from Connecticut Attorney General William Tong. Judges John M. Walker Jr., Dennis Jacobs and Joseph F. Bianco issued a two-page order denying the injunction motions, stating only that the companies had not shown an injunction was warranted. The order gives no reasoning on whether sports event contracts fall under federal or state law. The three appeals remain pending. The CFTC was allowed to file as a friend of the court in Kalshi's New York motion, according to The PM Pulse.

Why it matters: The ruling leaves state enforcement against prediction market operators in place while the federal preemption question for sports event contracts remains unresolved by the appeals court.

Mentioned: Coinbase

Summary by Dextape, based on reporting by Unchained. Written with AI from the publisher’s text and checked automatically for copied wording and unsupported figures. Not investment advice.

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The Dextape Desk signs Dextape's own work: briefs on wire stories, the daily market report and desk analysis. Briefs are written by an AI model from the publisher's article text and checked automatically for copied wording, unsupported figures and investment advice before they appear. AI drafts from the editorial desk need corroborating sources and an editor's review before release.

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