New Jersey Supreme Court Petition on Kalshi Creates Circuit Split
New Jersey AG files cert petition after Third and Ninth Circuits split on CFTC preemption of state gambling laws for Kalshi sports contracts.
New Jersey Attorney General Jennifer Davenport filed a 332-page certiorari petition on September 2 in Flaherty v. KalshiEX seeking review of the Third Circuit's April ruling that CFTC has exclusive jurisdiction over Kalshi's sports contracts.
Appellate split
The petition follows the Ninth Circuit's August 28 ruling reaching the opposite conclusion in a Nevada case, explicitly creating a circuit split.
Open questions
Whether the Supreme Court grants certiorari remains unknown; no timeline or outcome is stated.