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CFTC asserts exclusive federal jurisdiction over prediction markets in Massachusetts court

Monday, April 27, 2026

Matthias Knab, Opalesque for New Managers:

CFTC Asserts Exclusive Federal Jurisdiction Over Prediction Markets in Massachusetts Court

The U.S. Commodity Futures Trading Commission (CFTC) has filed an amicus brief in the Massachusetts Supreme Judicial Court, asserting exclusive federal jurisdiction over U.S. commodity derivatives markets - including event contract markets commonly known as prediction markets. The brief was filed in Commonwealth of Massachusetts v. KalshiEx LLC, No. SJC-13906, on April 24, 2026.

The filing marks the latest escalation in a sweeping, multi-front regulatory battle that now spans more than 20 federal and state legal actions across at least 14 states. At issue is whether CFTC-regulated prediction market platforms such as Kalshi and Polymarket can be subjected to state gambling laws - or whether the Commodity Exchange Act (CEA) fully preempts such state enforcement.

Federal-State Clash Reaches the Massachusetts High Court

The Massachusetts case was triggered after state Attorney General Andrea Campbell secured a preliminary injunction in January 2026 b......................

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