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 was filed in the Northern District, not the Southern District where Kalshi’s Ohio case began, and whatever the Sixth Circuit decides in Kalshi’s consolidated appeal will bear directly on it. No ruling. (Caption, docket and filing date confirmed via CourtListener; the description of the claims is press-sourced.)