A U.S. district judge has denied an investor's effort to move a lawsuit against payments firm Ripple to a lower court.
Judge Phyllis Hamilton of the Northern District of California denied Ryan Coffey's motion to remand his suit against Ripple Labs and affiliated entities back to the Superior Court of San Francisco after Ripple escalated the suit to the United States District Court level, court documents published on Friday reveal.
Coffey sued Ripple earlier this year claiming that the XRP cryptocurrency is a security controlled and issued by the firm.
Coffey claimed in his motion to remand that "'cases arising under' the Securities Act can be brought in state court and are expressly non-removable from state court.
Hamilton noted that the precedents and rules Coffey cited do not necessarily apply, and a federal court can supersede the state court regardless of whether XRP is a security because of the "Nationwide" nature of the class-action lawsuit.
Ripple is using the same argument in other efforts to move cases to other locations.
Legal documents filed last Wednesday show the firm has filed to remove the suit brought by investor Avner Greenwald earlier this month.
That suit was filed in the Superior Court of San Mateo, as previously reported, but Ripple wants to try this one with the Northern District of California as well, again citing the "Nationwide" nature of the class action and the contention that damages could be in excess of $5 million.
The San Francisco-based firm filed late last week to coordinate lawsuits brought by Vladi Zakinov and David Oconer, noting that these suits involve the same issues as Greenwald's.
If approved, this would allow the different cases "To be joined in one court," according to the California Courts website.
Judge Denies Effort to Move XRP Investor Lawsuit to Lower Court
pubblicato su Aug 14, 2018
by Coindesk | pubblicato su Coinage
Coinage
Menzionato in questo articolo
Notizie recenti
Vedi tutti
First Mover: What's Next for Bitcoin as Wall Street Gets Vaccine Booster
Bitcoin was higher for a second day, staying in a range of between roughly $15,200 and $15,600, as news of progress in developing a coronavirus vaccine appeared to touch off a rally in U.S. stocks.
Market Wrap: Bitcoin Fails to Break $15.9K; Over 50K ETH Staked on Eth 2.0 Contract
Bitcoin gained Wednesday while Ethereum 2.0 staking has been ramping up.
Citibank Analyst Says Bitcoin Could Pass $300K by December 2021
A senior analyst at U.S.-based financial giant Citibank has penned a report drawing on similarities between the 1970s gold market and bitcoin.
Blockchain Bites: Data Unions. Hard Forks. And One Citi Analyst's Case for $300K BTC.
A Citibank managing director thinks bitcoin could hit $318,000.