Preliminary-injunction motion filed; no ruling (Judge Abrams)2d Cir.Platform v. State
Docket last checked November 8, 2026. Snapshot — not legal advice.
As of November 8, 2026, New York has a restriction on prediction-market platforms currently in effect. New York status and cases →
Overview
Polymarket US’s own suit against New York, the counterpart to the Attorney General’s petition against it, filed on September 24, 2026 a few hours after it removed that petition to federal court. The complaint seeks a declaration under the Supremacy Clause that the Commodity Exchange Act preempts the state constitution’s gambling clause, the Penal Law’s gambling offenses and the Racing Law’s sports-wagering provisions as applied to its designated contract market, and an injunction against enforcing them.
It reads as a pre-enforcement suit: it pleads “imminent” enforcement from the state’s record — the Attorney General’s earlier petitions against Kalshi, Coinbase and Gemini, and her February 2026 consumer alert calling prediction markets “unregulated gambling” — and does not mention the petition filed against Polymarket US that same day. It lands in the same district as Kalshi v. Williams, where the court held that the Commodity Exchange Act does not preempt New York’s gambling law. No ruling. (Caption, parties and claims read from the complaint, ECF No. 1.)
Changes
October 2026
Filing
Polymarket US moved for a preliminary injunction against New York enforcement and asked for oral argument. Judge Abrams had set the case for briefing rather than staying it for the Second Circuit appeals.
Polymarket US sued New York’s Attorney General and the eight Gaming Commission officials in federal court for a declaration that the Commodity Exchange Act preempts state enforcement against its event contracts, the same day the Attorney General petitioned against it.
QCX LLC (Polymarket US) files a preemption suit for declaratory and injunctive relief, the same day it removes the Attorney General’s petition against it.
September 29–30, 2026
The case is accepted as related to the Attorney General’s removed petition and reassigned to Judge Abrams, who asks both sides whether to proceed or stay pending the Second Circuit appeals.
October 12, 2026
Polymarket US moves for a preliminary injunction barring enforcement of New York’s gambling laws against its exchange, and asks for oral argument.
What's next: Polymarket US moved for a preliminary injunction on October 12, 2026, asking for expedited handling and oral argument, after Judge Abrams set the case for briefing rather than pausing it for the Second Circuit appeals. The defendants were served on October 19; the court endorsed a scheduling letter on October 20 and granted the State an extension on October 22. On November 4 the court granted a request to exceed page limits; the filer and the opposition deadline are not yet on the free public docket. No ruling.
Parties
Plaintiffs
QCX LLC d/b/a Polymarket US
Defendants
Letitia James (New York Attorney General)
Brian O’Dwyer, Peter J. Moschetti, Jr., John A. Crotty, Sylvia B. Hamer, Martin J. Mack, Marissa Shorenstein and Jerry Skurnik (New York State Gaming Commission)
Robert Williams (Executive Director, New York State Gaming Commission)
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.