Kalshi urges Maryland federal court to deny Tribes’ amicus brief
On June 17, a coalition of 27 federally recognized Tribes and seven Tribal organizations filed an amicus brief in the US District Court for the District of Maryland.
Key Points
- Kalshi described the proponents of the brief as “out-of-state Tribal interests with no clear stake” in whether the operator is required to comply under Maryland gaming laws
- The operator filed a temporary restraining order and preliminary injunction against the MLGCC on April 23, following a cease-and-desist order issued by the regulator
Following an amicus brief filed by Tribal organizations to oppose Kalshi’s preliminary injunction order against the Maryland Lottery and Gaming Control Commission (MLGCC), the operator has now urged the federal court to reject the brief and described its proponents as “out-of-state Tribal interests with no clear stake” in whether Kalshi complies under state gaming laws.
“If putative amici were permitted to file a brief at this late stage, Kalshi would have less than 48 hours before its supplemental response brief is due to respond to the material putative amici now raise,” Kalshi said.
“In addition, the lodged brief would not be useful to the Court. Putative amici appear to represent out-of-state tribal interests with no clear stake in whether Kalshi must comply with Maryland gaming laws during the pendency of this litigation—the question before the Court on Kalshi’s preliminary injunction motion.”
The Tribes and organizations argue certain event contracts offered by Kalshi constitute a form of sports wagering, which falls under prohibitions already established by the Commodity Futures Trading Commission (CFTC) and violate the Indian Gaming Regulatory Act (IGRA).
Good to know: The Nevada Resort Association was granted approval to intervene in Kalshi’s lawsuit against the Nevada Gaming Control Board and Nevada Gaming Commission by US District Court Judge Andrew Gordon on June 4
The operator continued: “Kalshi wishes to be accommodating of parties claiming an interest in the ongoing preemption litigation, and has consented to all amicus briefs in the now-pending Third Circuit appeal. But this putative amicus brief is untimely and unhelpful. Kalshi respectfully requests that the Court deny the motion.”
The MLGCC issued letters to Kalshi, Robinhood and North American Derivatives, conducting business as Crypto.com, on April 7, ordering the commodity trading businesses to stop offering sports events contracts.
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