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– In the wake of a consequential ruling by the US Court of Appeals for the Ninth Circuit against Kalshi, two operators are taking separate paths in an effort to overturn the decision. On 28 August, the Ninth Circuit ruled in a 3-0 decision that sports event contracts do not qualify as federally regulated swaps under the Commodity Exchange Act. Earlier this week, Kalshi filed for an en banc re-hearing with the Ninth Circuit, this time before an 11-judge review. Robinhood, meanwhile, filed a petition of certiorari with the Supreme Court in a move to effectively bypass the Ninth Circuit. It is widely believed that a circuit split between the Ninth Circuit and a separate decision by the Third Circuit will prompt the Supreme Court to take up the case.
– Real App, a social sports app built around live play-by-play, named FanDuel as its first prediction market partner. The partnership brings FanDuel’s odds and contextual markets directly into the app’s live sports experience. Fanatics Sports & Casino is adding some upgrades to its Fair Play offering. Among the changes, Fanatics has added first-half injury protection for player props. The option proved to be valuable for fans in Wednesday’s opener when Seattle Seahawks quarterback Sam Darnold left the game after the team’s fifth offensive play.
– According to the American Gaming Association, an estimated $40 billion will be wagered on the NFL via prediction markets this year. Last week, on the first full day of the 2026 college football season, Kalshi reported nearly $250 million in trading activity on college football.
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The MLB and NHL futures contracts could be deployed by big-money bettors as hedges on various team exposures over the course of those leagues’ seasons.
As for the regulatory outlooks for the ETFs, the SEC hasn’t publicly commented on the NHL funds’ fates and it’s too early to tell what will come of the MLB filings, but there are hundreds of futures-based ETFs on the market today.
That may be a sign that pro sports futures ETFs could avoid the “novel” label that’s been a hindrance in bringing other ETFs to market.
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The regulator noted that several operators received “additional points for attention”, indicating that while these applicants met minimum legal thresholds, the KSA expected continuous improvements in compliance practices.
In June, one of the operators, TOTO online BV, was reported for violating the ban on featuring role models in advertising materials.
This was not the first time TOTO has been in trouble with KSA. The platform was fined in 2022 for a similar endeavour – gambling advertisements that were seemingly aimed at young people.