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In the ongoing legal tussle between Ripple Labs and the U.S. Securities and Exchange Commission (SEC), pro-XRP lawyers anticipate a setback for Ripple. The focus is on a crucial motion regarding expert witness testimony, particularly the declaration by expert witness Andrea Fox.
This declaration is pivotal in the SECās argument regarding institutional investor harm, which is a core issue. Ripple contends that the SEC violated a court deadline by introducing Foxās declaration after the discovery deadline, setting the stage for a contentious legal clash that could have significant implications for XRP.
The hardest thing to do on CT is say that you think the SEC will win a motion. But HERE GOES:
I think the SEC will win this motion.
And even if the Court finds the witness is an "expert," I think instead of striking the witness, it will just allow Ripple to depose her, etc.ā¦ https://t.co/UtWVERaeGy
ā Jeremy Hogan (@attorneyjeremy1) May 2, 2024
The Expert Witness Testimony Dispute
At the heart of the legal dispute is the testimony of expert witness Andrea Fox, whose declaration is crucial in determining the extent of harm suffered by institutional investors due to Rippleās actions.
The SEC has argued that Foxās testimony is permissible under the law and provides valuable insight into investorsā harm. However, Ripple has contested the inclusion of Foxās declaration, claiming it was submitted after the court-mandated discovery deadline, making it inadmissible.
Pro-XRP lawyers, including Bill Morgan and Jeremy Hogan, have expressed skepticism about Rippleās chances of success in the motion. Morgan believes the judge will likely rule against Ripple, potentially leading to Fox being deposed by Rippleās legal team. This development could prolong the legal proceedings and further complicate the case.
Ripple has filed a reply to the SECās opposition, arguing that including Foxās declaration violated the courtās deadline. The outcome of the motion could have significant implications for Ripple, as losing the motion could weaken its position in the overall legal battle against the SEC.
However, even if Ripple loses the motion, the case is far from over, and the company will likely continue to defend its position vigorously.
Market Response and XRP Price Movement
Despite the legal uncertainties surrounding Ripple, the XRP cryptocurrency has shown resilience in the face of adversity. Recent market movements suggest that traders remain optimistic about XRPās path to a new all-time high above $3, with the cryptocurrency experiencing a slight uptick in price.
At the time of writing, XRP is trading at above $0.5157, with trading volume rising as interest among traders grows.
As the legal battle between Ripple and the SEC unfolds, the cryptocurrency community remains closely attuned to developments in the case. The courtās ruling on the motion is still pending, creating uncertainty about the outcome. The crypto community eagerly awaits the SECās brief reply, which is expected by May 6 and will precede the courtās decision on remedies. Rippleās fate depends on how the SEC responds and the courtās ruling.