Foley & Lardner overview maps the prediction market circuit split and the road to the Supreme Court, Foley & Lardner reports
The overview describes a split in which the Third Circuit ruled for Kalshi while the Ninth and Sixth Circuits ruled against it on whether sports event contracts are swaps under the Commodity Exchange Act. It notes multiple petitions asking the U.S. Supreme Court to resolve the split and an expected Fourth Circuit ruling in Kalshi's Maryland case.
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