Ripple Ruling Strengthens Coinbase’s Appeal in Ongoing Legal Battle With SEC

Source Beincrypto

Coinbase wants court approval for an interlocutory appeal in its ongoing legal battle with the Securities and Exchange Commission (SEC).

This request follows Coinbase’s original filing in April, nearly seven months ago. Coinbase aims to have the Appellate Court review the application of the “Howey Test,” a critical standard for determining securities classification.

Coinbase Request Interlocutory Appeal

In response, the SEC urged the court to deny the appeal, arguing that Coinbase lacks valid grounds for its request. Judge Failla has yet to make a decision on the initial request.

However, Coinbase has renewed its appeal following the SEC’s recent move to contest the Ripple decision. The regulator argued that the ruling contradicts Supreme Court precedents and securities regulations.

In an October 4 letter to Judge Katherine Polk Failla, Coinbase urged the court to approve its motion to certify an interlocutory appeal against the SEC. If granted, this would allow the Second Circuit to address Coinbase’s legal concerns before the lower court makes a final decision.

Read more: Coinbase Review 2024: The Best Crypto Exchange for Beginners?

Coinbase argued that its own appeal should proceed to the Second Circuit simultaneously with the SEC’s appeal. According to the exchange, this alignment would provide the court with a more comprehensive view of the SEC’s legal strategy.

The exchange argues that granting its request for an interlocutory appeal would ensure that the Second Circuit fully understands the SEC’s litigation approach. According to the firm, this is essential since the SEC recently acknowledged that its position has caused “confusion.”

“The SEC has conceded, and now reconfirms by its appeal in Ripple, that the issues presented by Howey’s application to secondary-market digital asset transactions are of ‘industry-wide significance,'” Coinbase argued.

Read more: Who Is Brian Armstrong? A Deep Dive Into the Coinbase Founder

Cryptocurrency lawyer James Murphy called Coinbase’s legal strategy a smart move. He expressed surprise that the court has yet to rule on the original motion, given how quickly similar motions are typically approved. However, Murphy believes that the SEC’s appeal in the Ripple case could strengthen Coinbase’s argument going forward.

“It is astounding that Judge Failla never ruled on Coinbase’s original motion for interlocutory appeal filed back in April. Those motions are normally ruled on very quickly. The SEC’s appeal in Ripple just strengthened Coinbase’s argument,” Murphy stated.

Disclaimer: For information purposes only. Past performance is not indicative of future results.
placeholder
Bitcoin CME gaps at $35,000, $27,000 and $21,000, which one gets filled first?Prioritize filling the $27,000 gap and even try higher.
Author  FXStreet
Aug 21, 2023
Prioritize filling the $27,000 gap and even try higher.
placeholder
Natural Gas sinks to pivotal level as China’s demand slumpsNatural Gas price (XNG/USD) edges lower and sinks to $2.56 on Monday, extending its losing streak for the fifth day in a row. The move comes on the back of China cutting its Liquified Natural Gas (LNG) imports after prices rose above $3.0 in June. It
Author  FXStreet
Jul 01, Mon
Natural Gas price (XNG/USD) edges lower and sinks to $2.56 on Monday, extending its losing streak for the fifth day in a row. The move comes on the back of China cutting its Liquified Natural Gas (LNG) imports after prices rose above $3.0 in June. It
placeholder
Nvidia vs. Broadcom: Which Is the Better AI Chip Stock to Own in 2025?When it came to artificial intelligence (AI) infrastructure in 2024, Nvidia (NASDAQ: NVDA) reigned supreme.
Author  The Motley Fool
Dec 19, Thu
When it came to artificial intelligence (AI) infrastructure in 2024, Nvidia (NASDAQ: NVDA) reigned supreme.
placeholder
American Express: Buy, Sell, or Hold?American Express (NYSE: AXP) shares have been on an absolute tear. In the past 14 months, they have catapulted 100% higher (as of Dec. 16), consistently hitting fresh all-time high
Author  The Motley Fool
22 hours ago
American Express (NYSE: AXP) shares have been on an absolute tear. In the past 14 months, they have catapulted 100% higher (as of Dec. 16), consistently hitting fresh all-time high
placeholder
US Dollar hits fresh two-year high ahead of PCE inflationThe US Dollar (USD) retreats slightly on Friday, with the DXY Index trading at around 108.20 after eking out another fresh two-year high of 108.55 during the Asian-Pacific trading session. The move was supported by rising US Treasury yields, widening
Author  FXStreet
22 hours ago
The US Dollar (USD) retreats slightly on Friday, with the DXY Index trading at around 108.20 after eking out another fresh two-year high of 108.55 during the Asian-Pacific trading session. The move was supported by rising US Treasury yields, widening
goTop
quote