A federal judge refused on Nov 3 to halt US single-stock perps, then wrote that the challengers will likely win. So the products kept trading while losing the legal argument.
The case: the Capital Markets Alliance, backed by Cboe and Citadel Securities, sued @CFTC hours after it cleared stock perps at Kalshi, Bitnomial and Coinbase Derivatives as security futures.
The reasoning, per Judge Valerie Caproni: a perp never delivers a share on a future date, so it fails the legal definition of a security future. It reads as a swap, and swaps on single stocks belong to the SEC.
Why the halt still failed: she found the equities and public interest favored the alliance, but its declarations showed only conjectural harm, not irreparable harm.
What rides on it: the same product already trades offshore. @tradexyz on Hyperliquid did $6.65B in 24h volume this morning, with $4.4B open interest. Its S&P 500 contract alone traded $736M.
The order denied the halt and still called the CFTC approval likely beyond its authority.
$HYPE