The Curious Case Of Ripple's Removal

By Douglas Pepe (August 17, 2018, 12:18 PM EDT) -- Coffey v. Ripple Labs Inc. is a much-anticipated case in the cryptocurrency and blockchain space. At its core, the suit squarely presents the question whether Ripple is a "security" within the meaning of the securities laws.[1]

A recent decision in the Ripple case, however, addressed an important procedural question of more general applicability to commercial litigators: Do the anti-removal provisions of the Securities Act of 1933 bar removal of a state court suit under the Class Action Fairness Act of 2005, where the plaintiff brought claims under both the Securities Act of 1933 and state law? The Ripple court held that...

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