District Judge Katherine Polk Failla of the United States District Court Southern District of New York on January 7 granted a Coinbase motion for interim appeal in their lawsuit against the US Securities and Exchange Commission (SEC). pronunciation.
Judge Failla asserted that the parties are seeking clarity on an “important legal issue,” although they are “battling” over which court has the right tools to provide clarification.
As a result, Coinbase can now appeal the SEC’s allegations to the Second Circuit of the U.S. Court of Appeals. The legal proceedings will be stayed until a decision is made on whether an investment contract requires an actual contract.
Summary judgment is a legal procedure that allows a party to appeal a court’s ruling while the case is still pending.
The SEC filed a lawsuit against Coinbase on June 6, 2023, accusing the company of offering unregistered securities through its crypto offering and staking program.
Community rejoices
Paul Grewal, Coinbase Chief Legal Officer, cheered the court wins on X. He does too explained the development in the sporting field:
“The referee has just stopped the clock on the field and is heading to the replay booth in New York….”
Jake Chervinsky, chief legal officer of Variant Fund, described the news as “huge.” He added that the Second Circuit’s decision will clarify whether digital asset transactions in secondary markets are subject to securities laws.
Jeremy Hogan, attorney and partner at Hogan & Hogan, marked that interim appeals are rare and indicate that the judge believes something needs to be checked.
Additionally, Hogan said Coinbase’s call is motivated by the same central point of contention in the Ripple case in their legal battle against the SEC.
Marco Santori, Kraken’s chief legal officer, Congratulations Coinbase’s legal team called the development a “major win for the entire ecosystem.”
Amanda Tuminelli, Head of Legal Affairs at DeFi Education Fund, called The decision to stay the lawsuit while Coinbase appeals in the Second Circuit is important.
She too marked which Judge Failla considered Blockchain Association’s amicus brief, which argued that distinguishing the supply and sale of cryptocurrencies from that of commodities and collectibles could expand the SEC’s regulatory reach.
