Kalshi seeks permission to appeal Wisconsin tribe IGRA ruling
Kalshi filed a request for permission to appeal a Wisconsin federal judge's ruling that denied its motion to dismiss Indian Gaming Regulatory Act claims brought by the Ho-Chunk Nation, according to a Sunday, May 31 LinkedIn post by gaming attorney Daniel Wallach. The filing marks another step in the dispute over whether tribal gaming regulatory authority applies to Kalshi's CFTC-regulated event contracts. No ruling date has been set on the permission request. Separately, Kalshi is engaged in state-level litigation in Minnesota and Wisconsin, where it has argued that state enforcement efforts improperly attempt to regulate contracts on its federally overseen platform.
A permission grant would put the Seventh Circuit on track to rule whether tribal gaming compacts can override federal event-contract jurisdiction. Any appellate holding on IGRA preemption becomes binding across Kalshi's parallel defenses in Wisconsin, Minnesota, and the Ho-Chunk Nation matter.
Kalshi and the CFTC are now fighting coordinated legal battles in at least four states — Minnesota, Wisconsin, Rhode Island, and Pennsylvania — with the agency's institutional backing a recurring feature after Kalshi's solo Ohio challenge last October.