Interlocutory appeals are rarely granted. The case will be sent to the Second Circuit, where it will be heard, a source familiar with the situation said.
Judge Katherine Polk Fila also said in an opinion filed Tuesday that "conflicting decisions" should be noted by the Second Circuit.
a federal district judge in New York has granted Coinbase's appeal, staying the U. S. Securities and Exchange Commission's lawsuit against it.
Judge Katherine Polk Faira of the U. S. District Court for the Southern District of New York also said in her opinion and order filed Tuesday that the "conflicting decisions" should be noted by the Second Circuit. Base's motion to file an interlocutory appeal was granted. Interlocutory appeals are filed before a judge issues a final decision and are rarely granted. According to a source familiar with the situation, the case will likely be sent to the 2nd Circuit Court of Appeals, where it will be heard.
In 2023, the SEC sued #Coinbase for allegedly operating as an unregistered exchange, broker and clearing house. The regulator also complained about Coinbase's betting services and wallets. Judge Phila subsequently sided with Coinbase on the wallet portion and dismissed the SEC's complaint.
In April, Coinbase appealed, saying it had substantial grounds for the complaint. In the 27-page appeal, Coinbase's lawyers argued that SEC commissioners, legal experts and the court itself said there was disagreement over how the Howey test applies to transactions. The Howey test is based on a 1946 U. S. Supreme Court decision that is often cited by the SEC to determine whether an asset is an investment contract, i. e. , a security.
Judge Failla also stated that the application of Howey to cryptoassets is a The court does not and will not support Coinbase's attempt to vilify the SEC's approach to cryptoassets.
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