KalshiEX LLC v. Cox

Summary judgment for the state; on appeal (10th Cir.)10th Cir.Kalshi v. State

Docket last checked September 27, 2026. Snapshot — not legal advice.

As of September 27, 2026, Utah has a restriction on prediction-market platforms currently in effect. Utah status and cases →

Overview

Kalshi filed a pre-emptive suit in February 2026 seeking a declaration that Utah’s gambling law is preempted by the Commodity Exchange Act. It lost outright. On August 4, 2026 Judge Robert J. Shelby granted the state summary judgment, holding in terms that “the CEA does not preempt Utah’s enforcement of its anti-gambling laws against Kalshi,” denied the preliminary-injunction motion as moot, and directed the clerk to close the case.

This is the exception to the usual caveat on this tracker: almost every other entry is a preliminary ruling, but Utah is a final merits judgment on the preemption question, and it runs squarely against the Third Circuit’s New Jersey decision. Kalshi appealed to the Tenth Circuit the following day and asked for an injunction pending appeal. On September 8, 2026 a two-judge motions panel (Hartz and Kelly) denied it in a one-paragraph order, so nothing shields Kalshi in Utah while the appeal runs.

Changes

Logged September 22, 2026

  • Ruling

    The Tenth Circuit refused Kalshi an injunction pending its appeal of the Utah judgment, so nothing bars Utah from enforcing while the appeal runs. Some outlets date the order September 9 or 10; it is file-stamped September 8.

    Tenth Circuit order (Doc. 19)

Timeline

February 2026

Kalshi files a pre-emptive suit seeking a declaration that Utah gambling law is preempted.

August 2026

Judge Shelby grants Utah summary judgment, holding the CEA does not preempt Utah’s anti-gambling enforcement; the injunction motion is denied as moot and the case is closed.

August 2026

Kalshi appeals to the Tenth Circuit (No. 26-4100) and moves for an injunction pending appeal.

September 8, 2026

The Tenth Circuit denies Kalshi an injunction pending appeal.

September 21, 2026

Kalshi files its opening brief and appendix, requesting oral argument.

What's next: The appeal proceeds in the Tenth Circuit (No. 26-4100) with no injunction in place. Kalshi filed its opening brief and a two-volume appendix on September 21, 2026 and asked for oral argument; Paradigm Operations has moved to file an amicus brief in its support. Utah’s answering brief is due October 21. October 21, 2026: Utah’s answering brief due (10th Cir. No. 26-4100)

Parties

Plaintiffs

  • KalshiEX LLC

Defendants

  • Spencer J. Cox (Governor of Utah)
  • Derek Brown (Utah Attorney General)
  • Daniel Burton (Chief Deputy Attorney General and General Counsel)
  • Stewart Young (Criminal Deputy Attorney General)
  • Douglas Crapo (Public Protection Attorney General)
This page is informational, not legal advice. Nearly every entry in this tracker is a preliminary ruling under appeal. Always verify a platform's current, location-specific eligibility directly with the venue before relying on this page.