Crypto.com-owned OG.com sues Arkansas attorney general and racing commissioners in federal court

A second prediction market has taken Arkansas to federal court, and this one is also suing the state's gambling regulators.

North American Derivatives Exchange, Inc., which does business as OG.com Prediction Markets, filed a complaint for declaratory and injunctive relief in the U.S. District Court for the Eastern District of Arkansas on November 9, 2026, according to the court's public docket. The caption names Attorney General Tim Griffin and seven commissioners of the Arkansas Racing & Gaming Commission — Alex Lieblong, Mark Lamberth, Steve Anthony, Denny East, Michael Post, John Schmelzle and Steve Landers — all in their official capacities.

The complaint runs 59 pages and was entered at 2:43 p.m. CST, with a Rule 7.1 corporate disclosure statement a minute later. The case, No. 4:26-cv-01226-KGB, is assigned to District Judge Kristine G. Baker and Magistrate Judge Harris. The full complaint is now in the public RECAP archive. It is signed by David F. Koehler of Skadden's Chicago office, with six more Skadden lawyers in New York and Washington listed as seeking admission pro hac vice.

Suing before Arkansas acts

Arkansas has not taken action against OG.com. The company says a case is coming because of Griffin's November 4 lawsuit against Kalshi, which alleges that Kalshi's sports-event contracts are "casino gaming" and that Kalshi operates a "sports pool" under Arkansas law. Citing the U.S. Supreme Court's Susan B. Anthony List v. Driehaus decision, the complaint says past enforcement "against the same conduct" is good evidence of a real threat, and says the threat of an action against OG.com is "concrete and imminent."

The complaint also points to Arkansas's record outside its own courts. It lists amicus briefs Arkansas joined on the states' side in the Second, Third, Fourth, Sixth, Seventh, Ninth and Tenth Circuits, the Massachusetts Supreme Judicial Court and the U.S. Supreme Court, and a July 27, 2026 letter in which Griffin and other attorneys general told the CFTC it "lacks statutory authority" for its proposed rule treating event contracts as swaps.

Three preemption counts

The complaint pleads express, field and conflict preemption under the Commodity Exchange Act against all eight defendants. It asks the court to declare that Amendment 100 of the Arkansas Constitution (§§ 1-4), Ark. Code §§ 5-66-103, 5-66-104 and 5-66-106, and the commission's rules at 23 Ark. Code R. §§ 358-2001 to 358-2031, along with "any other state laws pertaining to gambling, fringe gambling, or online gambling," are preempted as applied to OG.com, and to bar the defendants permanently from enforcing them against the company.

OG.com says Arkansas law leaves it no lawful route into the state. Only holders of a casino license may run a race book or sports pool; the constitution allows three such licenses, all already awarded; and licensees may take sports wagers only from people physically in Arkansas. The complaint says OG.com's rulebook lists more than 50 event contracts, which it offers to Arkansas residents, and that revenue lost by shutting them out could never be recovered because sovereign immunity bars damages claims against the state.

Two suits in one afternoon

QCX LLC, which runs Polymarket US, filed its own case against Griffin the same day in the Western District of Arkansas (No. 1:26-cv-01076), with its complaint entered at 3:54 p.m. CST. Both suits followed Griffin's November 4 lawsuit against Kalshi in Independence County Circuit Court under the Arkansas Deceptive Trade Practices Act.

Nadex has filed similar suits elsewhere: against Missouri officials in the Western District of Missouri on October 16 (No. 4:26-cv-00969), where its complaint argues that federal commodities law bars states from regulating its event contracts, and against Utah officials in the District of Utah on October 26 (No. 2:26-cv-01056). Related cases are listed in AskSpinner's prediction-market litigation tracker.

Updated November 10, 2026: This article has been updated with the claims, legal theories and relief sought in OG.com's complaint, which became publicly available after publication.