Articles Tagged: Second Circuit


Kalshi Takes State-Law Preemption Fight to the Second Circuit

Kalshi has opened a new appellate front in the fast-developing fight over prediction-market regulation, asking the Second Circuit to review a New York federal court decision that refused to shield the company from state gaming-law enforcement. The appeal raises a central question for event-contract platforms: when a federally regulated derivatives product looks like wagering to state officials, which legal regime controls?

The underlying suit, KalshiEX LLC v. Williams et al, puts that issue squarely before the courts.

Second Circuit Backs New York’s Gas Ban in New Buildings, Deepening Circuit Split

The Second Circuit has handed New York City and New York State a major appellate win, ruling that they may enforce measures that effectively bar fossil-fuel appliances in newly constructed buildings. The decision is important well beyond New York: it sharpens a growing disagreement among federal appeals courts over whether local and state building-electrification laws are preempted by federal energy-efficiency statutes.

At the center of the dispute were challenges by trade groups and unions arguing that the city and state restrictions unlawfully intrude on an area governed by federal law, particularly the Energy Policy and Conservation Act.

Second Circuit Appeal Faces Early Jurisdictional Test in Legal Aid Society Dismissal Motion

A new filing in View full case on Docket Alarm puts a familiar but often decisive appellate issue front and center: whether the appeal should be dismissed before merits briefing proceeds. On June 10, 2026, appellee The Legal Aid Society filed Motion No. 14 in the U.S. Court of Appeals for the Second Circuit, seeking dismissal of the appeal in docket 26-1232.

Although the docket entry itself is concise, motions to dismiss at the appellate level typically target threshold defects that can end a case without reaching the substantive issues.