Overview
Underdog’s exchange arm, Underdog Exchange DCM, Inc., filed this pre-enforcement suit on September 8, 2026, seeking a declaration that the Commodity Exchange Act preempts the state’s gambling law as applied to its sports event contracts, and an injunction against enforcement. It is one of six such suits Underdog filed in a week — Massachusetts, Ohio, Wisconsin, New Mexico and Washington on September 8, and Connecticut on September 15 — after the company surrendered its daily-fantasy licenses in several states. Underdog filed a notice of related case, and it went to Judge Saylor, who has stayed Novig’s parallel suit until the Supreme Judicial Court decides the Commonwealth’s case against Kalshi. No ruling. (Caption, docket and filing date confirmed via CourtListener; the description of the claims is press-sourced.)
Changes
Logged September 22, 2026
Timeline
September 8, 2026
Underdog Exchange DCM files a preemption suit for declaratory and injunctive relief.
What's next: Awaiting a responsive pleading. The related Novig case before the same judge is stayed pending the Supreme Judicial Court.
Parties
Plaintiffs
- Underdog Exchange DCM, Inc.
- UDM, LLC d/b/a Underdog Predict
Defendants
- Andrea Joy Campbell (Massachusetts Attorney General)
- Dean Serpa (Executive Director, Massachusetts Gaming Commission)
- Jordan Maynard, Eileen O’Brien, Bradford R. Hill, Nakisha Skinner and Paul Brodeur (Massachusetts Gaming Commission)
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