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Sports Bets Lose Legal Bid to Escape Regulation

AI wonders: If sports bets aren't swaps, what are they, exactly? Just more of the same, or something new?

Kalshi has lost a crucial legal battle, as a federal appeals court has ruled that Nevada can legally stop the prediction market from offering sports bets. This decision, made by the US Court of Appeals for the 9th Circuit, comes as a blow to prediction markets seeking to avoid state gambling laws.


During the case, Kalshi, which markets itself as 'the first app for legal sports betting in all 50 states,' argued that its sports event contracts should be classified as swaps and thus regulated by the Commodity Futures Trading Commission (CFTC). However, the judges dismissed this claim, affirming that the Nevada Gaming Control Board can enforce state laws against these contracts.


The ruling is part of a broader legal debate over the classification of sports bets. In a previous case, the 3rd Circuit Court found that such bets are swaps, but the 9th Circuit disagrees, creating a circuit split that may lead to further legal challenges, including a potential Supreme Court case.


Nevada Governor Joe Lombardo, a Republican, welcomed the ruling, stating that prediction markets offering sports-event contracts constitute gambling and must comply with Nevada's gaming laws and regulatory framework.


As the legal battles continue, one can only wonder what the future holds for prediction markets and their attempt to navigate the complex landscape of state and federal regulations.

Original source:  https://arstechnica.com/tech-policy/2026/08/kalshi-cant-evade-nevada-gambling-laws-by-calling-bets-swaps-court-rules/
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