Even if express preemption did not apply, the exclusive-jurisdiction language reflects an intent to occupy the field and the defendants cited no authority to the contrary. Id. at *6. As field preemption applied and the CFTC had not disapproved of the sports-related contracts, the defendants were unable to impose civil or criminal penalties against Kalshi. Id. Even if the sports-related contracts constituted gaming, it would not have subjected Kalshi to state gaming law, according to the court, but rather the CFTC’s public- interest review. Id. Defendants acknowledge the District of Nevada result but argue that the court failed to consider various CEA provisions in depth. (Defs.’ Opp’n Br. p. 36.) Defendants specifically reference the threshold applicability of the exclusive-jurisdiction provision, the savings clauses, the special rule’s reference to state law, and the CEA’s narrow express-preemption provisions. Id. To begin, that 7 U.S.C. § 16 contains express preemption provisions does not foreclose implied preemption elsewhere within the CEA. “[I]mplied preemption may exist even in the face of an express preemption clause.” Bruesewitz v. Wyeth Inc. , 561 F.3d 233, 239 (3d Cir. 2009); see also Aron & Jones, supra , at 59 (“[E]ven though [7 U.S.C. § 16(e)(2)] is an express preemption provision, that alone does not end the preemption analysis of the CEA versus states sports betting.”). My task is to look deeper. Second, and to the partial contrary, the District of Nevada expressly considered the first savings clause of 7 U.S.C. § 2(a)(1)(A). It concluded that the clause “does not give states regulatory authority over CFTC-designated exchanges because that language is limited by the phrase ‘[e]xcept as hereinabove provided.’ [7 U.S.C. § 2(a)(1)(A)’s] first sentence supersedes the SEC and state regulatory authorities’ jurisdiction for contracts on a CFTC- designated exchange.” Hendrick , 2025 WL 1073495, at *5. I agree with that construction. The second savings clause’s reference to state courts’
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