Lawyer Explains What Ripple’s Latest Court Win Means For XRP

As a long-term crypto investor with a deep understanding of the industry, I view this recent ruling in favor of Ripple as a procedural win rather than a definitive one. While it’s true that the class action lawsuit against Ripple for selling XRP as an unregistered security has been dismissed, the crux of the matter – whether XRP is classified as a security under US securities law – remains undecided.


On June 20, Ripple Labs Inc. achieved a significant win in their ongoing legal battles, particularly in the federal class action lawsuit pending in the Northern District of California (Case No. 4:18-cv-06753-PJH). This case, presided over by Judge Phyllis J. Hamilton, has garnered considerable attention from the XRP community as it may determine how the digital asset is categorized under US securities regulations.

Here’s What The Ruling Means For XRP

In my analysis, Judge Hamilton made a decision in favor of Ripple by granting their summary judgment motion. This ruling dismissed both the federal and state class actions that claimed XRP was sold as an unregistered security. Fred Rispoli, a well-known lawyer advocating for Ripple, expressed on social media the importance of this outcome: “Ripple secures a victory in the Oakland class action lawsuit. The judge granted Ripple’s summary judgment motion, dismissing the federal claims for unregistered securities sale as well as the state law securities claims. However, it is essential to note that these were procedural victories.”

Ripple managed to have the class action lawsuits against it dismissed, but the court stopped short of making a final ruling on whether XRP qualifies as a security under US securities laws. Instead, the court left it up to a jury to assess if XRP satisfies all three elements of the Howey test – a key legal benchmark for identifying securities – during a trial.

The court decision resolves the class action aspect of Ripple’s legal dispute at the district court level. However, the question of whether XRP qualifies as a security under the Howey test remains undecided. According to Rispoli, this is a matter for a jury to determine by evaluating if all three prongs of the test are met.

“Rispoli remarked, ‘That particular claim brought forth by one plaintiff will proceed to trial. However, it’s highly probable that this case will settle instead due to the minimal damages at stake and potential negative outcome for the plaintiff if they were to win the jury’s verdict. In essence: The court leaves it up to the jury to determine whether XRP qualifies as a security for retail buyers on an exchange, rather than making that decision themselves.’ “

The legal perspective put forth has elicited diverse reactions from other professionals in the field. Marc Fagel, another attorney specializing in crypto, identified a conflict with a previous judgment and highlighted the intricacies surrounding the classification of digital assets: “Take a look at the opinion. It contradicts the Torres ruling regarding programmatic sales, albeit more intriguing if the court had taken it upon itself to declare such sales as securities transactions as a matter of law instead of leaving it up to the jury.”

As a crypto investor, I’d put it this way: Ripple’s recent court victory brings some clarity to its situation, but the uncertainty surrounding XRP‘s classification as a security persists. According to Rispoli, the ruling only applies to the specific allegations made by the SEC in the Southern District of New York. Therefore, other courts may not be bound by this decision in non-SEC cases.

As an analyst, I’d rephrase it this way: The recent dismissal of the class action lawsuits against Ripple provides some relief for the company in the short term. However, the fundamental legal queries regarding the nature of XRP and its possible designation as a security still need resolution. The upcoming jury verdict on whether the Howey test applies to XRP will be pivotal in shedding light on this issue.

According to Rispoli’s analysis, the crux of the matter lies in the necessity of enacting federal legislation to standardize the regulatory framework for cryptocurrencies: “In essence, the crypto community must persist in advocating for federal legislation since we are headed towards designating XRP as a security in California yet leaving it untouched in New York.”

In-Depth Examination Of The Ruling

A class action lawsuit has been filed against Ripple Labs Inc., its affiliate XRP II, LLC, and Ripple’s CEO Brad Garlinghouse. The case hinges on accusations that these entities illegally sold and promoted XRP, a digital asset, as an unregistered security.

In this legal dispute, there are two primary concerns: first, whether XRP qualifies as a security under US legislation, and second, if so, did Ripple’s distribution of XRP to the public infringe upon securities regulations? This case has experienced several procedural moves, such as class certification motions being granted. As a result, it will progress as a class action lawsuit, enabling those who bought XRP during a certain timeframe and incurred financial damages to collectively participate in the proceedings.

In the ruling, Judge Phyllis J. Hamilton made several key decisions.

Points in Favor Of Ripple:

    Federal Claims Dismissed: The court applied the “first-offered” rule under the statute of repose, concluding that the federal securities claims related to the unregistered offer and sale of XRP were barred because the offering occurred more than three years before the lawsuit was initiated.
    State Claims Dismissed: Similar to the federal claims, the state claims for failure to register XRP as a security were dismissed. The court found that the plaintiff did not adequately demonstrate privity, a necessary element for these claims under California law.
    Class Claims Dismissed: The court dismissed all class claims for both federal and state allegations, significantly reducing the scope of the lawsuit against Ripple.

Points Ripple Lost:

    Misleading Statements Claim Proceeds: The court denied Ripple’s motion for summary judgment on the individual claim against CEO Garlinghouse for making allegedly misleading statements about his investment in XRP. This claim will proceed to trial, focusing on whether Garlinghouse’s statements influenced investors’ expectations and investment decisions.

At press time, XRP traded at $0.4890.

Lawyer Explains What Ripple’s Latest Court Win Means For XRP

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2024-06-21 15:42