Underdog Exchange DCM, Inc. v. Skrmetti

Filed; case-management conference set6th 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 Tennessee is unresolved — litigation is ongoing with no final ruling yet. Tennessee status and cases →

Overview

Tennessee moved against a second platform after the Sixth Circuit vacated Kalshi’s Tennessee injunction on September 25. The Sports Wagering Council sent Underdog a letter dated October 9, 2026, and four days later, on October 13, Underdog’s exchange and its brokerage, UDM (Underdog Predict), sued the Attorney General and the Council’s executive director and members. They seek a declaration that federal law preempts Tennessee’s enforcement and an injunction. It is Underdog’s seventh state suit.

The Sixth Circuit’s ruling binds this court, and press reports say the complaint acknowledges as much and preserves the question for appeal. Kalshi’s own petition for rehearing of that ruling is pending, which keeps its Tennessee injunction in place for now. The court has referred the case to a magistrate judge and set an initial case-management conference for January 28, 2027. (Caption, parties, filing date and schedule read from the court docket; the October 9 letter is Exhibit 1 to the complaint.)

Changes

October 2026

  • New case

    Underdog sued Tennessee’s Attorney General and Sports Wagering Council four days after the Council’s October 9 letter on its sports event contracts. The Sixth Circuit’s September 25 ruling binds the court; an initial conference is set for January 28, 2027.

    Docket, M.D. Tenn. No. 3:26-cv-01461

Timeline

October 9, 2026

The Sports Wagering Council sends Underdog a letter about its sports event contracts in Tennessee.

October 13, 2026

Underdog sues the Attorney General and the Council in the Middle District of Tennessee.

October 14, 2026

The court refers the case to a magistrate judge, who sets an initial case-management conference for January 28, 2027.

What's next: An initial case-management conference is set for January 28, 2027. Sixth Circuit precedent binds the court against Underdog’s preemption theory unless the full court or the Supreme Court changes it. January 28, 2027: Initial case-management conference (telephone, Magistrate Judge Hill)

Parties

Plaintiffs

  • Underdog Exchange DCM, Inc.
  • UDM, LLC (Underdog Predict)

Defendants

  • Jonathan Skrmetti (Tennessee Attorney General)
  • Mary Beth Thomas (Executive Director, Tennessee Sports Wagering Council)
  • William Orgel (Chair) and the other members of the Tennessee Sports Wagering Council
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.