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The post <a rel="noopener noreferrer nofollow" href="https://coinpedia.org/news/sec-appeal-will-not-succeed-judge-torress-summary-judgment-orders-are-unchallenged/">SEC Appeal Will Not Succeed: Judge Torres’s Summary Judgment Orders Are Unchallenged</a> appeared first on <a rel="noopener noreferrer nofollow" href="https://coinpedia.org">Coinpedia Fintech News</a> 
If the Securities and Exchange Commission (SEC) does dispute the ruling that Ripple XRP is not a security, the battle will not be easy. For such an appeal to succeed, it must meet certain conditions. 
The appeals court, in this case, bases its judgment solely on the evidence presented during the original trial, not considering new evidence or witnesses. Only if the original findings appear to be “clearly erroneous” can the appeals court overturn a decision. 
<h2 class="wp-block-heading" id="h-influence-of-previous-judgments-in-appeal-courts">Influence of Previous Judgments in Appeal Courts</h2> 
In light of previous cases, the SEC’s odds of winning this appeal seem slim. Renowned for her firm decisions, Judge Torres has seen none of her summary judgment orders ever reversed on appeal. This legacy suggests that a successful SEC challenge to her rulings is highly unlikely. US courts address appeals from district courts and federal administrative agencies’ decisions within their circuits. 
<h2 class="wp-block-heading" id="strong-finality-and-scope-of-appeal-court-decisions-strong">Finality and Scope of Appeal Court Decisions</h2> 
Notably, most decisions made by the courts of appeals are <a href="https://www.uscourts.gov/statistics-reports/appellate-courts-and-cases-journalists-guide" rel="noopener noreferrer nofollow">final and binding</a> within their circuit. These appellate courts also preside over cases that originated in state courts if they raise allegations of violations of constitutional rights. This jurisdiction applies regardless of whether the alleged infringements involve federal, state, or local governments. 
For instance, if a party argues that a state or local law violates rights granted under the US Constitution, federal appellate courts have the authority to hear the case. This rule applies to hotly contested issues, such as freedom of speech, religion, the right to bear arms, and equal protection under the law, among others. 
The party that loses in a federal trial court usually has the right to appeal the decision to a court of appeals. It’s important to note, however, that the appeals court’s decision is based solely on the record from the trial court or agency.&nbsp; 
Hence, in the case of Ripple, if the SEC decides to challenge the ruling, they must contest it based on the trial’s existing record, which will be nearly impossible.

SEC Appeal Will Not Succeed: Judge Torres’s Summary Judgment Orders Are Unchallenged

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