Arkansas sued one prediction market and got two more lawsuits back. On 9 November 2026, five days after Attorney General Tim Griffin sued Kalshi in state court, Polymarket’s US exchange and Crypto.com’s OG.com each filed a federal case against him. Neither company has been sued by Arkansas. Both say the Kalshi case shows they are next, and both want a federal judge to rule first that state gambling law cannot reach them.
Two courts, one argument
North American Derivatives Exchange, Inc., the Crypto.com-owned exchange that trades as OG.com Prediction Markets, sued in the Eastern District of Arkansas (No. 4:26-cv-01226, Judge Kristine G. Baker) with a 59-page complaint. It pleads express, field and conflict preemption under the Commodity Exchange Act and asks for a declaration plus a permanent injunction, according to trackers that read the filing. It has not asked for preliminary relief.
Polymarket US, legally QCX LLC, followed in the Western District (QCX LLC v. Griffin, No. 1:26-cv-01076, Judge Timothy L. Brooks). The docket lists a complaint for declaratory judgment and injunctive relief, filed with a $405 fee. Summons requests name Griffin and the seven members of the Arkansas Racing Commission, the same eight officials OG.com sued. The same day, QCX also sued Missouri.
The core claim is the one these exchanges make in every state: their event contracts are traded on markets designated by the Commodity Futures Trading Commission (CFTC), so federal law, not state gambling rules, governs them. Arkansas’s position, in Griffin’s words on Kalshi, is that the law “is concerned with substance, not semantics”.
Key facts
OG.com case: North American Derivatives Exchange, Inc. v. Griffin, E.D. Ark. No. 4:26-cv-01226, filed 9 November 2026, 59 pages.
Polymarket US case: QCX LLC v. Griffin, W.D. Ark. No. 1:26-cv-01076, filed 9 November 2026.
Defendants: Attorney General Tim Griffin and seven Arkansas Racing Commission members, in their official capacities.
Trigger: State of Arkansas v. KalshiEX LLC, Independence County Circuit Court, filed 4 November 2026.
Appeals court: Eighth Circuit, no ruling yet on prediction-market preemption.
Why the Eighth Circuit matters
Both Arkansas districts sit in the Eighth Circuit, which has not yet decided the question that has split other appeals courts. The Third Circuit sided with Kalshi in New Jersey; the Ninth and Sixth ruled against it, and the Second refused injunctions pending appeal in New York and Connecticut. The first Eighth Circuit test is Kalshi’s Iowa appeal, where its opening brief is due on 7 December, SBC Americas reports. Meanwhile the CFTC has told exchanges to drop state geoblocks within 30 days or explain why they cannot, which makes simply switching Arkansas off harder.
Why it matters for GambleFi
Arkansas is now running three fronts at once: its Kalshi case, its sweepstakes suit against VGW, and two federal defences it did not start. For crypto-funded betting, the line being drawn is the federal licence. OG.com and Polymarket US can argue preemption only because they run CFTC-designated exchanges; offshore crypto prediction markets and onchain sportsbooks such as SX Bet have no such shield. OG.com has already taken the same route in Missouri, and Polymarket US in Ohio. These are the companies’ claims, not court findings, and this is a news summary, not legal advice. The GambleFi FAQ covers how prediction markets differ from crypto casinos.