TLDR Kalshi added new appellate lawyers on September 8, just before a Ninth Circuit rehearing deadline The Ninth Circuit ruled against Kalshi on August 28, allowing Nevada to regulate its sports-event contracts The Third Circuit had already ruled the opposite way in Kalshi’s favor in a related New Jersey case The Supreme Court docketed New Jersey’s petition on September 8, asking justices to resolve the conflict Kalshi’s response to the Supreme Court petition is due October 8
Kalshi appears to be preparing for another round of litigation in the Ninth Circuit. On September 8, several attorneys from the law firm Milbank filed new appearances for Kalshi in its ongoing case.
The move came just days before the deadline to ask for a rehearing of an August 28 decision. That ruling allowed Nevada to regulate Kalshi’s sports-event contracts under state gaming law.
Adding new lawyers close to a filing deadline does not confirm what Kalshi plans to do next. But the timing has drawn attention from legal observers who track prediction market cases.
Gaming law attorney Daniel Wallach flagged the new filings on September 9. He suggested Kalshi may be preparing to ask the full Ninth Circuit to reconsider the panel’s decision, rather than going straight to the Supreme Court.
Kalshi may be filing a petition for rehearing en banc in the Ninth Circuit instead of seeking cert from SCOTUS, as it just added several additional Milbank counsel to an appeal decided 11 days ago. The deadline for filing a rehearing petition is Friday. pic.twitter.com/AQjf7mMNWN
— Daniel Wallach (@WALLACHLEGAL) September 9, 2026
The August 28 ruling came from a three-judge panel in the case KalshiEX, LLC v. Assad. The panel found that Kalshi had not shown its sports contracts qualify as “swaps” under federal law.