Supreme Court of the United States · Official docket →
Charles D. Scoville v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Tenth Circuit, No. 17-4059 · judgment January 24, 2019
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition, a dissent in the court below (flagged in the petition), and a Tenth Circuit decision below.
Question presented
In Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), the Court held that the extraterritorial reach of Section 10(b) of the Securities Exchange Act of 1934 was a question of the substantive scope of that statute. 561 U.S. at 254. In so holding, the Court expressly rejected the notion that extraterritorial application of a statute is a question of a federal court’s subject-matter jurisdiction. Ibid. Soon thereafter, Section 929P(b) of the Dodd-Frank Act amended the provisions of the Securities Act of 1933 and the Securities Exchange Act of 1934 that govern the subject-matter jurisdiction of the district courts to provide that the “district courts of the United States * * * shall have jurisdiction of an action or proceeding brought or instituted by the Commission or the United States * * * involving” certain domestic “conduct” or “effect[s].” Section 929P(b) did not amend or alter the extraterritorial reach of the substantive regulatory provisions of the securities laws, including Section 10(b) of the Exchange Act and Section 17(a) of the Securities Act. The question presented is: Whether Section 929P(b)’s jurisdictional amendments conferred substantive extraterritorial reach upon Sections 10(b) and 17(a) in SEC enforcement actions and in federal criminal prosecutions. (I)
Counsel of record
For petitioner
John S. Williams
Williams & Connolly, LLP
For respondent
Noel John Francisco
Jones Day
Proceedings
- Nov 04 2019Petition DENIED.
- Oct 09 2019DISTRIBUTED for Conference of 11/1/2019.
- Oct 09 2019Reply of petitioner Charles D. Scoville filed. (Distributed)
- Sep 20 2019Brief of respondent Securities and Exchange Commission in opposition filed.
- Aug 15 2019Motion to extend the time to file a response is granted and the time is further extended to and including September 20, 2019.
- Aug 14 2019Motion to extend the time to file a response from August 21, 2019 to September 20, 2019, submitted to The Clerk.
- Jul 22 2019Brief amicus curiae of Securities Law Scholars filed.
- Jul 18 2019Motion to extend the time to file a response is granted and the time is extended to and including August 21, 2019.
- Jul 17 2019Motion to extend the time to file a response from July 22, 2019 to August 21, 2019, submitted to The Clerk.
- Jun 21 2019Petition for a writ of certiorari filed. (Response due July 22, 2019)
- May 09 2019Application (18A1057) to extend further the time from May 24, 2019 to June 21, 2019, submitted to Justice Sotomayor.
- May 09 2019Application (18A1057) granted by Justice Sotomayor extending the time to file until June 21, 2019.
- Apr 16 2019Application (18A1057) granted by Justice Sotomayor extending the time to file until May 24, 2019.
- Apr 11 2019Application (18A1057) to extend the time to file a petition for a writ of certiorari from April 24, 2019 to May 24, 2019, submitted to Justice Sotomayor.