No. 23-240

David L. Smith v. Securities and Exchange Commission

Lower Court: Second Circuit
Docketed: 2023-09-13
Status: Denied
Type: Paid
Response Waived
Tags: circuit-split civil-procedure civil-rights collateral-relief disgorgement due-process judicial-review rule-60b4 sec-enforcement standing takings void-judgment
Key Terms:
DueProcess Securities JusticiabilityDoctri
Latest Conference: 2023-10-27
Question Presented (AI Summary)

Is Petitioner entitled to collateral relief from an extra-legal 'disgorgement' order, which the SEC had no power to obtain, and the district court had no power to impose?

Question Presented (OCR Extract)

QUESTION PRESENTED FOR REVIEW Is Petitioner entitled to collateral relief from an extra-legal “disgorgement” order, which the SEC had no power to obtain, and the district court had no power to impose?

Docket Entries

2023-10-30
Petition DENIED.
2023-10-04
DISTRIBUTED for Conference of 10/27/2023.
2023-09-26
Waiver of right of respondent Securities and Exchange Commission to respond filed.
Main DocumentMain Document
2023-09-11
Petition for a writ of certiorari filed. (Response due October 13, 2023)
PetitionCertificate of Word CountProof of ServicePetitionCertificate of Word CountProof of Service

Attorneys

David L. Smith
Justin Seth Weddle — Weddle Law PLLC, Petitioner
Securities and Exchange Commission
Elizabeth B. Prelogar — Solicitor General, Respondent