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On Wednesday, New Jersey Attorney General Jennifer Davenport announced that her office had filed a petition for writ of certiorari following an appeals court verdict from earlier this year that went in favour of prediction markets. That 2-1 verdict from the Third Circuit Court of Appeals was handed down in April, and New Jersey had until Thursday to petition the high court.

The petition poses the question of whether the Dodd-Frank Wall Street Reform and Consumer Protection Act, which was enacted in 2010 in the aftermath of the Great Recession, “preempted states from regulating sports bets that occur within their jurisdictions if those bets are offered on markets registered with the Commodity Futures Trading Commission”. Prediction markets have argued that their event contracts are financial derivatives regulated by the CFTC whereas many states contend that they are simply sports bets by another name.

There is no guarantee the Supreme Court will hear the case but a separate appeals court ruling from 28 August bolsters its chances. In that case, a three-judge panel from the Ninth Circuit ruled unanimously in favour of the state of Nevada, creating a circuit court split, which is a hallmark of many Supreme Court cases.

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The development marks a significant move by Merkur to expand its footprint within the French regulated gambling market.

On 27 August, Merkur signed a put option agreement with GPG Groupe Philippe Ginestet and DOFA, enabling the purchase of Casigrangi.

Casigrangi is the parent company of the Le Stelsia casino group, which operates seven small to mid-sized casinos across France along with related hospitality, restaurant and entertainment businesses. 

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The biggest new uncertainty in US sports betting is prediction markets. The American Gaming Association estimates that Americans will legally wager $29.5 billion in betting handle through US regulated commercial sportsbooks during the 2026 NFL season, broadly unchanged from the $29.4 billion handle recorded in 2025. These figures refer to the amount wagered, not sportsbook revenue.

Robinson calls prediction markets “the main event”. His argument is not simply that US customers are moving from sportsbooks to prediction markets. The more important point is that sportsbooks no longer have the relatively protected market that was once assumed.

Kalshi, Robinhood, Crypto.com and DraftKings’ own prediction-market operation are all competing for activity around sporting events. Beynon says prediction markets are having a larger effect on valuations than on fundamentals so far.