Nevada Supreme Court keeps Kalshi injunction alive during gaming laws appeal proceedings

Nevada’s highest court has declined to pause a preliminary injunction against Kalshi as the company continues its appeal in a dispute over Nevada’s gaming laws. In the same order, the court also approved requests from two out-of-state attorneys to participate in the case on behalf of the Nevada Gaming Control Board.

The July 1, 2026, order denied KalshiEX’s emergency motion seeking a stay of the district court’s preliminary injunction while the appeal is pending before the Nevada Supreme Court. That means the injunction remains in effect as the legal fight continues.

The court also granted applications allowing Nicole A. Saharsky and Minh Nguyen-Dang of Mayer Brown LLP to appear on behalf of the Nevada Gaming Control Board under Nevada Supreme Court Rule 42.

According to the order, both attorneys submitted verified applications, certificates showing they are in good standing with their respective state bars, and the required Rule 42 documentation from the State Bar of Nevada. The justices found the filings demonstrated that neither lawyer had sought permission to appear before Nevada courts during the previous three years, satisfying the rule’s requirements.

Jessica A. Whelan of the Nevada Office of the Attorney General will remain responsible for all matters presented by the two attorneys. The order also directs Saharsky and Nguyen-Dang to obtain Nevada Supreme Court electronic filing accounts within 14 days if they have not already done so, warning that failure to comply could result in sanctions.

Court leaves Nevada injunction against Kalshi in place

The latest ruling follows a series of decisions that have consistently gone against Kalshi in Nevada. Earlier, a state district court granted the Nevada Gaming Control Board’s request for a preliminary injunction, preventing the company from offering its event contracts in the state while litigation proceeds. The board has argued that Kalshi’s sports-related event contracts amount to unlicensed sports wagering under Nevada law, while Kalshi maintains the contracts are federally regulated financial products overseen by the Commodity Futures Trading Commission.

Nevada has also sought contempt sanctions against Kalshi, alleging the company continued offering contracts to Nevada users despite the injunction. Kalshi has disputed those allegations and argued it has taken steps to comply with court orders.

Separately, a federal judge previously denied Kalshi’s request to stay the state court injunction, leaving the restrictions in place before the matter reached the Nevada Supreme Court. That decision kept the injunction effective while related appeals moved forward.

In considering Kalshi’s latest emergency motion, the Nevada Supreme Court applied the established factors governing whether a stay should be granted pending appeal, including potential harm to each side and the likelihood of success on the merits.

“Having considered the parties’ arguments in light of these factors, we are not persuaded that the factors militate in favor of a stay,” the order states. “Accordingly, the motion is denied.”

The decision leaves the preliminary injunction in force while the appeal proceeds. The order was issued by Justices Pickering, Parraguirre, and Bell and concludes, “It is so ORDERED.”

Featured image: Kalshi / Canva

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