No. 22-991

George R. Jarkesy, Jr., et al. v. Securities and Exchange Commission

Lower Court: Fifth Circuit
Docketed: 2023-04-12
Status: Denied
Type: Paid
Relisted (2) Experienced Counsel
Tags: administrative-law agency-adjudication circuit-court-jurisdiction due-process judicial-review jurisdiction securities-law securities-regulation statutory-interpretation
Key Terms:
AdministrativeLaw Securities Immigration JusticiabilityDoctri
Latest Conference: 2023-06-29 (distributed 2 times)
Question Presented (AI Summary)

Whether circuit courts have jurisdiction to remand to the SEC under 15 U.S.C. § 78y

Question Presented (from Petition)

QUESTION PRESENTED Whether, under special review statute 15 U.S.C. § 78y, circuit courts on a petition for review of a Securities and Exchange Commission final order resolving an enforcement adjudication may “remand” back to the agency after overturning the final order because the proceedings were conducted in violation of law or the Constitution, where § 78y expressly vests only the jurisdiction to “affirm,” “modify” or “set aside” the order and does not confer jurisdiction to remand. (ii)

Docket Entries

2023-06-30
Petition DENIED.
2023-06-29
DISTRIBUTED for Conference of 6/29/2023.
2023-06-06
DISTRIBUTED for Conference of 6/22/2023.
2023-05-24
2023-05-12
Brief of respondent U.S. Securities and Exchange Commission in opposition filed.
2023-04-10

Attorneys

George Jarkesy, et al.
Sidney Michael McCollochS. Michael McColloch, PLLC, Petitioner
Sidney Michael McCollochS. Michael McColloch, PLLC, Petitioner
U.S. Securities and Exchange Commission
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent