Underdog Exchange DCM, Inc. v. Kaul

Filed; no ruling7th Cir.Platform v. State

Docket last checked November 8, 2026. Snapshot — not legal advice.

As of November 8, 2026, the legality of prediction markets in Wisconsin is unresolved — litigation is ongoing with no final ruling yet. Wisconsin status and cases →

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. It sits before Judge Conley, who also has the state’s case against Kalshi and the Ho-Chunk Nation’s, in the state where a federal judge has already refused the United States’ own preemption injunction. No ruling. (Caption, docket and filing date confirmed via CourtListener; the description of the claims is press-sourced.)

Changes

September 2026

  • Correction

    Underdog’s Wisconsin suit names both the Attorney General and the Division of Gaming administrator, John Dillett, and is brought by Underdog Exchange DCM together with UDM, LLC. We had listed one plaintiff and one defendant.

    Docket, W.D. Wis. No. 3:26-cv-00858
  • New case

    Underdog Exchange DCM sued WI officials to bar enforcement against its sports event contracts — one of six Underdog preemption suits filed in a week.

    CourtListener — Underdog Exchange DCM, Inc. v. Kaul

Timeline

September 8, 2026

Underdog Exchange DCM files a preemption suit for declaratory and injunctive relief.

What's next: Both defendants waived formal service (waivers filed September 28, 2026); no answer or motion yet. The court marked the case related to Wisconsin’s three cases against the platforms. The Seventh Circuit’s consolidated appeal in the federal government’s Wisconsin case will bear heavily on it.

Parties

Plaintiffs

  • Underdog Exchange DCM, Inc.
  • UDM, LLC

Defendants

  • Joshua L. Kaul (Wisconsin Attorney General)
  • John Dillett (Administrator, Wisconsin Division of Gaming)
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.