Kalshi Tribal Lawsuit: One Tribe Out, Hearing September 24
- SEP 17, 2026 - The Ninth Circuit has now ruled, and this article's FAQ said it had not. We wrote on September 15 that the Blue Lake appeal was still undecided, which was true that day. On September 16, 2026 the panel filed a published opinion in Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504, by Judge McKeown, joined by Chief Judge Murguia and Judge Paez: it affirmed in part, reversed in part and remanded, holding the tribes likely to prevail on their IGRA claim while affirming the district court's refusal to enjoin Kalshi's advertising. The FAQ answer and the appeal paragraph now say so and point at our report on the ruling. Nothing about the district-court stay fight, the September 24 status conference or Picayune Rancheria's exit changes.
- SEP 15, 2026 - The September 24 hearing has been moved, and this article gave a time and a room that no longer apply. Judge Corley signed an order on September 14, 2026, entry 93, headed "ORDER SETTING STATUS CONFERENCE FOR SEPTEMBER 24, 2026", which sets a status conference for 9:30 a.m. on September 24 by Zoom webinar, and a same-day clerk entry resets the hearing on the tribes' motion at entry 90 to that identical 9:30 a.m. Zoom slot. We had the hearing at 10:00am in Courtroom 8, which was the time and place noticed when the motion was filed. Both the sentence in the filings section and the timeline row have been corrected, and a line has been added to the timeline recording the September 14 order. One consequence is worth stating rather than burying: the order says the webinar is open to "all counsel, members of the public, and media", with access details on the court's own page, so a reader who wants to hear this argued can, which was not the case when it was a courtroom hearing. The date itself has not moved and nothing in the substance of the motion has changed. The Ninth Circuit appeal in Blue Lake was still undecided on a September 15 re-read, with nothing entered on that docket since the August 24 reply, and the tribes' underlying motion at entry 90 is still not downloadable.
- SEP 7, 2026 - This article said the tribes' reasons for moving to add Buena Vista Rancheria were known to us only through their opponents' description of them, because their own motion is not in the public mirror. That is no longer the whole picture. Entry 92 on the district docket, a six-page reply filed by the tribes on September 4, 2026, is downloadable, and it states their position directly: they are not asking the court to disturb the stay, only for leave to decide one non-merits motion, and they say the stay should otherwise remain fully intact. That is a narrower request than the one Kalshi and Robinhood's opposition framed, and a new section says so. The rest of the article is unchanged: the September 24 hearing is still set, the Ninth Circuit appeal in Blue Lake was still undecided on the September 7 re-read with nothing entered on it since August 24, and the tribes' underlying motion at entry 90 is still not downloadable.
Kalshi told a San Francisco federal judge on August 28 that Picayune Rancheria's dismissal from Blue Lake Rancheria v. Kalshi left no tribe in the case holding a tribal-state gaming compact, a "potentially dispositive vulnerability" in the tribes' Ninth Circuit appeal, and asked her to keep the case frozen when she hears the remaining tribes' bid to add a compact-holding plaintiff on September 24.
Robinhood, sued alongside Kalshi, joined that filing. The freeze itself now rests on one undecided Ninth Circuit appeal, argued on July 10 and still without a ruling as of September 2.
This is not a sweepstakes case and no sweepstakes brand is a party to it. It sits on this site for a narrower reason: the legal argument Kalshi is defending is the same one operators leaving or hedging the sweepstakes model are relying on, and this is the one appeal in the country where the challenger is a tribe rather than a state regulator.
The case is Blue Lake Rancheria v. Kalshi, Inc., No. 3:25-cv-06162, in the US District Court for the Northern District of California, before Judge Jacqueline Scott Corley. Everything below comes from documents on that docket and on the related Ninth Circuit docket, which we downloaded and read on September 2, 2026. We did not contact any party.
What did Kalshi and Robinhood file on August 28?
A six-page opposition, docket entry 91, to the tribes' motion for leave to amend their complaint and for limited relief from the stay. It is filed jointly for Kalshi Inc. and KalshiEX LLC and for Robinhood Markets, Inc. and Robinhood Derivatives, LLC, and it sets the question for the judge in one sentence: "Whether the circumstances that persuaded this Court to order a stay of proceedings pending resolution of related Ninth Circuit appeals have so significantly changed as to warrant lifting the stay."
Their answer is no, and their reasoning turns on timing. The filing states plainly: "The Ninth Circuit issued its opinion in Assad today, but it has not yet ruled in the Blue Lake appeal. That appeal has been fully briefed and argued." Because the second appeal is still out, they argue, nothing that persuaded the court to stay the case in May has changed, and the request "should be denied in its entirety."
The motion is set for hearing on September 24, 2026. It was originally noticed for 10:00am in Courtroom 8; an order signed by Judge Corley on September 14 moved it to 9:30 a.m. and off the courtroom altogether, onto a public Zoom webinar.
Why does Picayune Rancheria's dismissal matter?
Because of the hole it opened in the tribes' Ninth Circuit appeal, and what the remaining two did to try to fill it.
Three federally recognised tribes filed this case on July 22, 2025: Blue Lake Rancheria, Chicken Ranch Rancheria of Me-Wuk Indians and Picayune Rancheria of the Chukchansi Indians. On August 3, 2026 the parties filed a joint stipulation saying Picayune "can be dismissed from the above-entitled case without prejudice," and Judge Corley signed the order on August 7. The Ninth Circuit dropped Picayune from the appeal on August 11.
Kalshi's opposition says that departure opened a hole, describing "the potentially dispositive vulnerability created by Picayune's dismissal." Its appellate argument, in the opposition's own words, is that "tribes that conduct gaming pursuant to secretarial procedures, rather than tribal-state compacts, lack a cause of action under the Indian Gaming Regulatory Act." The opposition quotes the supplemental brief Kalshi lodged in the appeal on August 12, which the panel has not yet agreed to accept: the court could affirm "on the independent basis that the remaining Plaintiffs-Appellants lack a cause of action under IGRA because they engage in gaming pursuant to secretarial procedures, not compacts."
Two days after that brief went in, on August 14, the tribes moved to join Buena Vista Rancheria of Me-Wuk Indians, and filed its gaming compact as a 139-page exhibit. Kalshi and Robinhood say the only conceivable reason to file that motion now is to shore up the appeal. The tribes' motion itself, entry 90, is still not available in the public mirror.
What do the tribes say they are asking for?
Something narrower than the opposition describes, and we can now say that from their own filing rather than from their opponents' account of it. Entry 92, a six-page reply filed on September 4, 2026 by the tribes' counsel Lester J. Marston, is downloadable, and it was not there when we published this piece.
Its position is that the tribes are not asking the court to disturb the stay at all. They seek leave to amend so that the court can decide one non-merits question - adding Buena Vista Rancheria as a plaintiff - and say the stay should otherwise remain fully in place pending the Ninth Circuit's ruling in Blue Lake. They argue that Kalshi and Robinhood identify no prejudice or undue delay of the kind Rule 15 and Foman v. Davis require, that the stay order itself anticipated staggered rulings by inviting a status conference once either appeal issued, and that denying the motion as premature does not save work but duplicates it, because the same motion would have to be briefed and decided again after the appeal.
That is a different question from the one the opposition puts to the judge. Kalshi and Robinhood frame it as whether circumstances have changed enough to warrant lifting the stay; the tribes say lifting the stay is not what they asked for. We are describing this filing rather than quoting it: the PDF's text layer extracts with its spacing scrambled, which is not a basis for verbatim quotation. None of it tells you how Judge Corley will rule on September 24.
What is the Ninth Circuit still deciding?
Two appeals were holding this case up. One is now finished.
| Appeal | Question | Status |
|---|---|---|
| KalshiEX, LLC v. Assad, No. 25-7516 | Whether the Commodity Exchange Act preempts state gaming law | Decided August 28, 2026: affirmed in part against Kalshi, remanded in part |
| Blue Lake Rancheria v. Kalshi, No. 25-7504 | Whether the tribes can get a preliminary injunction under IGRA and the Lanham Act | Argued July 10, 2026, decided September 16, 2026 |
The second one is the live gate. It was argued and submitted on July 10, 2026 before Judges Mary H. Murguia, M. Margaret McKeown and Richard A. Paez. Ahead of argument the panel issued an order asking the parties to be ready to address the effect of the tribes' own IGRA gaming ordinances. The docket then showed a fight over one extra brief: Kalshi moved to file a supplemental brief on August 12, the tribes responded on August 17, and Kalshi replied on August 24. That is where matters stood when we published and when we re-read the docket on September 15. On September 16, 2026 the panel filed a published opinion by Judge McKeown granting Kalshi's supplemental-brief motion and affirming in part, reversing in part and remanding, on the ground that the tribes are likely to prevail on their IGRA claim. We report it in full in the Ninth Circuit's tribal-lands IGRA ruling.
We covered the first appeal when it landed: the Ninth Circuit held that Kalshi's sports event contracts are likely bets rather than federally regulated swaps, which is why Nevada can enforce its gaming law. That opinion is about state power. The tribal appeal asks a different question, and a loss there would close a route that has nothing to do with any state legislature.
Why is the Blue Lake Rancheria case against Kalshi on hold?
Judge Corley stayed it on May 22, 2026, in a five-page order, finding that "both appeals will likely simplify core issues in this case" and that the damage from waiting was small. The tribes had already lost their preliminary-injunction motion on November 10, 2025, and the order records their own concession, which it calls correct, that this leaves them with "no option but to continue to endure" the harms they allege until the Ninth Circuit rules.
The order also contains the clearest published summary of how much litigation Kalshi is carrying. Quoting Kalshi's own brief, it records that "Kalshi has sued or been sued by fifteen state regulators" and that "[s]ix of these matters have been appealed to four different circuit courts." Robinhood argued the tribes' racketeering claim was damaging its reputation. The judge was unmoved: "For better or worse, Robinhood has staked its business on a novel legal argument that has, perhaps unexpectedly, become a hot-button issue."
This is not the only case parked behind a Kalshi appeal. A federal judge in Massachusetts froze Novig's lawsuit against the attorney general there on August 24 until Kalshi exhausts its state appellate rights.
What is the timeline of the tribes' case against Kalshi?
Every date below comes from the two dockets.
- July 22, 2025 - Blue Lake Rancheria, Chicken Ranch Rancheria of Me-Wuk Indians and Picayune Rancheria of the Chukchansi Indians sue Kalshi and Robinhood in the Northern District of California.
- November 10, 2025 - the tribes lose their preliminary-injunction motion.
- May 22, 2026 - Judge Corley stays the district case pending two Ninth Circuit appeals.
- July 10, 2026 - the tribes' appeal, No. 25-7504, is argued and submitted.
- August 3, 2026 - the parties stipulate to dismissing Picayune Rancheria without prejudice; Judge Corley signs the order on August 7.
- August 11, 2026 - the Ninth Circuit drops Picayune from the appeal.
- August 12, 2026 - Kalshi moves to file a supplemental brief arguing that tribes gaming under secretarial procedures have no cause of action under IGRA.
- August 14, 2026 - the remaining tribes move to join Buena Vista Rancheria of Me-Wuk Indians and file its 139-page gaming compact.
- August 17 and August 24, 2026 - the tribes respond to the supplemental-brief motion and Kalshi replies. The panel has not ruled on it.
- August 28, 2026 - the Ninth Circuit decides the other appeal, Assad; Kalshi and Robinhood oppose the tribes' motion the same day.
- September 4, 2026 - the tribes reply, at entry 92, saying they do not ask for the stay to be disturbed.
- September 14, 2026 - Judge Corley orders a status conference for September 24 and resets the hearing on the tribes' motion to the same slot.
- September 24, 2026 - status conference and hearing on the tribes' motion, 9:30 a.m., by Zoom webinar.
What does this mean for sweepstakes players?
Nothing today, and that is the honest answer. No coin balance moves on a scheduling fight in San Francisco.
It matters if you hold money at one of the operators moving toward the prediction-market model, because the tribal claim is a second front against the argument they are relying on. Novig retired its Novig Cash sweepstakes product outright and now litigates as a would-be exchange. ReBet applied for futures-broker registration in June and Fliff and Onyx Odds applied on August 12. None of those applications had been granted when we last read the NFA register in mid-August, and ReBet and Fliff both still run their sweepstakes products, so a ReBet Cash or Fliff Cash balance is a sweeps balance at a company whose stated destination is the model under attack here. All of them are betting that federal commodities law beats state gambling law. The Nevada ruling already dented that, and a Washington judge rejected the same preemption argument in August. IGRA is a separate statute, and tribes are separate plaintiffs with separate remedies, so a tribal win would not be cured by winning a preemption argument against a state.
The two sports-style sweeps books we rate, Legendz and Sportzino, are not part of that pivot: neither has filed for a federal exchange or broker registration that we can find, so neither is resting on the argument being tested here. If you do hold a balance at an operator that is moving, our guide to redeeming sweeps coins covers the mechanics.
There is nothing you can do about the September 24 hearing, and it will not decide the merits either way. You can now watch it, which was not true when we published: the September 14 order moves it onto a Zoom webinar that "all counsel, members of the public, and media may access", with the connection details published on the judge's own page at cand.uscourts.gov/jsc. The thing worth watching is the Ninth Circuit, whose ruling in the tribes' appeal can land on any day without notice. Judge Corley's stay order says any party may ask her for a status conference as soon as a decision in either appeal issues, so the district case can restart quickly once it does.
If you are choosing where to play rather than tracking a court, none of this changes the ground rules. Our state-by-state legality matrix has where the sweepstakes model itself stands, California and Nevada included, and our guide to how sweepstakes casinos work in law explains why the two products are governed by different statutes in the first place.
Sources & documents
- Blue Lake Rancheria v. Kalshi, Inc., No. 3:25-cv-06162 (N.D. Cal.) docket
- Defendants' opposition to leave to amend and limited relief from stay, entry 91, filed August 28, 2026
- Plaintiffs' reply, entry 92, filed September 4, 2026 - six pages, downloaded September 7, 2026, the source for the tribes' own account of what they are asking for. It reached the public mirror after this article was published
- Order staying case, entry 87, filed May 22, 2026
- Joint stipulation dismissing Picayune Rancheria, entry 88, filed August 3, 2026
- Order granting the dismissal, entry 89, filed August 7, 2026
- Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504 (9th Cir.) docket
- KalshiEX, LLC v. Assad, No. 25-7516 (9th Cir.), decided August 28, 2026
21+ only. If gambling stops being fun, call 1-800-GAMBLER or read our responsible gaming resources.
How we rate the brands involved
Sources & documents
- www.courtlistener.com/docket/70884560/blue-lake-rancheria-v-kalshi-inc/
- storage.courtlistener.com/recap/gov.uscourts.cand.453216/gov.uscourts.cand.453216.91.0.pdf
- storage.courtlistener.com/recap/gov.uscourts.cand.453216/gov.uscourts.cand.453216.92.0.pdf
- storage.courtlistener.com/recap/gov.uscourts.cand.453216/gov.uscourts.cand.453216.87.0.pdf
- storage.courtlistener.com/recap/gov.uscourts.cand.453216/gov.uscourts.cand.453216.88.0.pdf
- storage.courtlistener.com/recap/gov.uscourts.cand.453216/gov.uscourts.cand.453216.89.0.pdf
- www.courtlistener.com/docket/72251825/blue-lake-rancheria-et-al-v-kalshi-inc-et-al/
- www.courtlistener.com/opinion/10961457/kalshiex-llc-v-assad/
Every factual claim in this article maps to one of the sources above - that is the publishing bar, not a goal.
FAQ
Has the Ninth Circuit ruled in the tribes' case against Kalshi?
Yes, since September 16, 2026. Blue Lake Rancheria v. Kalshi, Inc., No. 25-7504, was argued and submitted on July 10, 2026, and it was still undecided when we published this and when we re-read the docket on September 15. The panel filed a published opinion the next day, affirming in part, reversing in part and remanding, and we report it in the Ninth Circuit's tribal-lands IGRA ruling.
Are prediction markets the same as sweepstakes casinos?
No. A sweepstakes casino runs casino-style games under promotional-sweepstakes law with a dual-currency system, which our Gold Coins and Sweeps Coins guide explains. A prediction market sells event contracts on a federally designated exchange. They are converging commercially, because several sweepstakes operators have moved into the second model, and the CFTC has already warned prediction-market venues off sweepstakes-style rewards. The two products are still argued under different statutes.
Which tribes are still suing Kalshi?
Blue Lake Rancheria and Chicken Ranch Rancheria of Me-Wuk Indians. Picayune Rancheria of the Chukchansi Indians was dismissed without prejudice on August 7, 2026 and dropped from the appeal on August 11. The remaining tribes have asked to add Buena Vista Rancheria of Me-Wuk Indians, and that request is what the September 24 hearing is about.
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