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A federal judge just handed Kalshi a major loss in the Southern District of New York. Judge Analisa Torres denied the prediction market platform's request for a preliminary injunction, a ruling that legal experts say will have knock-on effects across multiple pending cases in Connecticut and other SDNY lawsuits. The case centers on whether prediction markets are regulated financial products or unlicensed gambling operations. Kalshi has argued it operates as a CFTC-regulated designated contract market and that federal oversight preempts state gambling laws. New York Attorney General Letitia James disagrees. Her office is now expected to file a civil enforcement action against Kalshi in state court seeking restitution, disgorgement, civil penalties, and injunctive relief. This is part of a broader legal assault on prediction markets playing out across the country. In Minnesota, a federal judge recently signaled sympathy with the state's argument that platforms like Kalshi and Polymarket have "far exceeded what Congress initially intended" when creating the CFTC framework in 1974. The key question in that case was how to define what Kalshi actually does. Kalshi says "trading on designated contract markets." Minnesota says "gambling." How courts define that field will dictate who wins. Meanwhile the whole thing may be heading to the Supreme Court. Justice Alito just gave New Jersey until August 4 to file a petition challenging a Third Circuit ruling that had sided with Kalshi and shielded its event contracts from state gaming regulation. If SCOTUS takes the case, it could settle the question nationally. Kalshi will appeal the Torres ruling and seek an immediate injunction pending that appeal. But the momentum has clearly shifted. States are winning the argument that prediction markets function like sports betting and should carry the same consumer protections and oversight that licensed sportsbooks provide.

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