2:25-cv-575-APG-BNW MOTION HEARING - ROUGH DRAFT - DO NOT CITE!!!
60 can never be illegal under State law. How do you respond to that? MS. WHELAN: I think that's an incredibly bold statement that perhaps wasn't completely thought out. I think that there are numerous times when a contract might be void for public policy under a State's law. One example was the hypothetical that I posited that if a State were to say that 18-year-olds no longer have capacity to contract and an 18-year-old entered into an events contract through Kalshi, I think there's no question that that contract would be void for public policy in that State. And I think it's a similar reasoning here under Nevada's gaming laws. THE COURT: Let's turn to irreparable harm. You argue that the harms that Kalshi has identified are compensable with monetary damages. Kalshi points out there's an 11th Amendment bar to suing the State for money. Is there a financial remedy against the defendants if Kalshi has ended up losing millions of dollars? How do they recover that against your clients? MS. WHELAN: Sure. So this raises a point that I was hoping to make regarding 11th Amendment immunity because -- THE COURT: Here's your chance. MS. WHELAN: -- later this week the State will be filing its responsive pleading to the Complaint and we will be filing a motion to dismiss on multiple grounds, one of which
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UNITED STATES DISTRICT COURT Judy K. Moore, RMR, CRR
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