A class action lawsuit filed in the US District Court for the Western District of Kentucky on May 11, 2026 is seeking to recover losses from Kalshi Inc. under a Kentucky gambling loss recovery statute, arguing that the company’s event contracts constitute illegal gambling in the state. Plaintiff Donovan Roberts of Jefferson County filed the suit on behalf of Kentucky residents who traded on Kalshi’s platform, and it names Kalshi and several of its subsidiaries, as well as Susquehanna International Group, as defendants.
The lawsuit is one of at least six similar suits across the country being driven by a litigation funder called Veridis Management, with parallel actions in Ohio, Illinois, South Carolina, Massachusetts, and Georgia. Each relies on 18th century gambling loss recovery statutes that allow losing parties to recover money lost in illegal gambling arrangements. For sports bettors, the legal question at the center of these cases is directly relevant: if a court decides that Kalshi’s sports contracts are functionally equivalent to sports betting, then the company would need to follow state gambling licensing requirements rather than operating under its CFTC Designated Contract Market license.
Kalshi and other prediction market operators have successfully argued in multiple federal courts that the Commodity Exchange Act grants the CFTC exclusive jurisdiction over their products, preempting state gambling law. The Third Circuit Court of Appeals sided with Kalshi in a case involving New Jersey’s attempt to enforce its gambling statutes against the platform. A federal court in Arizona issued a preliminary injunction blocking that state from applying its gambling laws to Kalshi as well. However, state-level lawsuits are continuing to mount, and their outcomes in district courts could create conflicting precedents that eventually require Supreme Court resolution.
If you use licensed sports betting apps in states like Kentucky, your activity is completely separate from this legal dispute and operates under an established regulatory framework. The prediction markets fight is specifically about whether platforms like Kalshi can offer sports event contracts without a state gambling license. The outcome will determine whether bettors in states without legal sports betting can access sports-related prediction market contracts. Kentucky recently passed HB 904, which prohibits licensed sportsbooks and racetracks in the state from offering prediction markets to Kentucky residents. Those using Kentucky sportsbooks operate under that framework, which is entirely separate from the Kalshi litigation.
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