
Judge Colleen McMahon ruled Novig's sports event contracts are not CEA swaps, denying its preliminary injunction request against New York. This permits the state to enforce gambling licensing or halt operations. Ludlow Exchange launched after its June 2026 CFTC designation but faces state oversight.
SCCG Take — The ruling strengthens state authority over prediction platforms and limits reliance on CFTC preemption. Operators must prioritize gambling compliance in jurisdictions like New York.
US District Judge Colleen McMahon of the Southern District of New York has rejected a preliminary injunction sought by sports prediction market operator Novig. The ruling determines that the company's sports event contracts do not qualify as swaps under the Commodity Exchange Act. This allows New York to require a gambling licence or require the platform to end its sports event contracts in the state.
Ludlow Exchange LLC, the legal entity behind Novig, filed suit on August 5 against New York Attorney General Letitia James and officials from the New York State Gaming Commission. Ludlow Exchange had received designation as a contract market from the CFTC in June 2026 and launched its sports event contracts to New York customers that August.
The operator argued that CFTC authority over its products as swaps would block state gambling laws from applying. Judge McMahon found instead that the contracts bear significant similarities to traditional sports betting. They do not depend on events or contingencies with a potential financial, economic or commercial consequence, as required for classification as swaps under the CEA.
The decision follows the statutory analysis for preliminary relief. It leaves state regulators free to enforce licensing requirements against the platform.
As reported by Focus Gaming News, the outcome shows the narrow path available for event contract platforms seeking to operate outside state gambling frameworks. New York can now move forward with its regulatory position without the injunction in place. Operators in this space face continued pressure to secure state-level approvals where local laws treat such products as betting.
Gaming, betting and prediction markets — the desk’s read, every weekday.
Subscribe →