Injunction motion pending6th Cir.Platform v. State
Docket last checked November 8, 2026. Snapshot — not legal advice.
As of November 8, 2026, Ohio has a restriction on prediction-market platforms currently in effect. Ohio 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 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.)
Changes
October 2026
Schedule
Judge Nugent set Ohio’s response to Underdog’s injunction motion for November 16 and Underdog’s reply for December 7, with a case management conference on December 9.
Underdog asked the Ohio federal court for a preliminary injunction, or alternatively a stay pending appeal, on October 16, the deadline in the Casino Control Commission’s cease-and-desist letter.
Underdog Exchange DCM files a preemption suit for declaratory and injunctive relief.
October 2, 2026
The Casino Control Commission sends Underdog a cease-and-desist letter, one of ten.
October 16, 2026
Underdog moves for a preliminary injunction or, alternatively, a stay pending appeal, attaching the Commission’s letter.
October 26 – November 2, 2026
Judge Nugent sets the State’s response for November 16, Underdog’s reply for December 7 and a case management conference for December 9.
What's next: Underdog moved for a preliminary injunction or, in the alternative, a stay pending appeal on October 16, 2026, the day the Casino Control Commission’s compliance deadline ran out. On the parties’ joint motion, Judge Nugent set the State’s response for November 16 and Underdog’s reply for December 7, and he set a telephone case management conference for December 9; the defendants’ answers are due December 7. The Sixth Circuit’s September 25 decision in KalshiEX LLC v. Schuler, which rejected the same preemption theory, binds this court. November 16, 2026: Ohio’s response to Underdog’s injunction motion due
Parties
Plaintiffs
Underdog Exchange DCM, Inc.
UDM, LLC d/b/a Underdog Predict
Defendants
Andy Wilson (Ohio Attorney General)
Andromeda Morrison (Interim Executive Director, Ohio Casino Control Commission)
Sheetal Bajoria, Scott P. Borgemenke, Triffon Callos, Keith Cheney, Penelope Cunningham, Christopher Smitherman and Thomas J. Stickrath (Ohio Casino Control 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.