Prominent lawyer Jeremy Hogan, a partner at Hogan & Hogan, recently shared his thoughts on the possibility of appeals in the ongoing Ripple vs. SEC case. With extensive experience in handling appeals, Hogan sheds light on the timing, types of appeals, and the likelihood of each party pursuing them. Let’s dive into his valuable insights.
Hogan explains that appeals typically occur after a case is completely finished, which is not the case yet for Ripple vs. SEC. After the entry of a “final” judgement, parties usually have 60 days to initiate an appeal. However, as there is no final judgement in the Ripple case, an appeal of Judge Torres’ Order would be considered an “interlocutory appeal.”
Interlocutory appeals are not commonly granted, and they often involve situations where allowing further discovery might reveal sensitive information. Hogan cites the example of the Hinman emails being ordered for publication, which could potentially warrant an interlocutory appeal. However, it is rare for such appeals to be automatically granted, and parties do not have an inherent right to pursue them.
Also Read – Ripple’s Court Win Delivers Massive Blow to SEC’s Hostile Stance; Spells Hope for Crypto Firms
Regular Appeals and Their Timing
Hogan clarifies that the parties involved do have the right to a “regular” appeal, which would take place after the trial and post-trial motions, following the entry of a final judgement. This suggests that any appeals in the Ripple vs. SEC case would likely occur next year.
While the opinions of legal experts vary, Hogan notes that most attorneys anticipate the SEC appealing the case. However, Hogan personally believes that neither party will pursue an appeal. He points out that winning appeals can be challenging, and given that Judge Torres has thoroughly reviewed the entire record, the chances of success may be limited.
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