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John Hurry, et al. v. Financial Industry Regulatory Authority, Inc., et al.

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 18-15748 · judgment July 29, 2019

Certiorari denied · April 20, 2020
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Ninth Circuit decision below, a circuit split argued in the petition, and counsel who has filed here before, and down for a business respondent.

Questions presented

  1. Whether FINRA, an ostensibly private corporation invested with vast powers to regulate the securities industry, is absolutely immune from any claims arising out of tortious misconduct during a raid conducted at a private place of business.

  2. Whether FINRA, by virtue of its close nexus with the federal government and the fact that it has been delegated extensive law enforcement powers, is a state actor for purposes of the Constitution. LIST OF ALL PARTIES TO PROCEEDINGS BELOW Plaintiffs: John J. Hurry, Justine Hurry, Investment Services Corp., Hurry Family Revocable Trust d/t/d October 18, 2011 amended November 26, 2012, Investment Services Partners LLC, Scottsdale Capital Advisors Partners LLC, SCAP I LLC, SCAP II LLC, SCAP III LLC, SCAP 4 LLC, SCAP 6 LLC, SCAP 7 LLC, SCAP 8 LLC, SCAP 9 LLC, SCAP 10 LLC, BRICFM LLC d/b/a Corner of Paradise Ice Cream Store, CJ3 LLC, Association of Securities Dealers LLC, SCAP 5 LLC, Investment Services Capital LLC, Investment Services Holdings Corp., NEWCONMGT LLC, ISC LLC, ISHC LLC, NEWMGT LLC, SCAINTL LLC, FLJH {00104473;2}

Counsel of record

For petitioner
Charles John Harder
HARDER, LLP

For respondent
Gregory Alan Davis
Squire Patton Boggs (US) LLP

Case

Conference history
Distributed for 2 conferences

Proceedings

  1. Apr 20 2020
    Petition DENIED.
  2. Apr 01 2020
    DISTRIBUTED for Conference of 4/17/2020.
  3. Mar 26 2020
    Reply of petitioners John Hurry, et al. filed. DISTRIBUTED
  4. Mar 13 2020
    Brief of respondents Financial Industry Regulatory Authority, Inc., et al. in opposition filed.
  5. Jan 17 2020
    Motion to extend the time to file a response is granted and the time is extended to and including March 13, 2020.
  6. Jan 15 2020
    Motion to extend the time to file a response from February 13, 2020 to March 13, 2020, submitted to The Clerk.
  7. Jan 14 2020
    Response Requested. (Due February 13, 2020)
  8. Dec 30 2019
    DISTRIBUTED for Conference of 1/17/2020.
  9. Dec 19 2019
    Waiver of right of respondent Financial Industry Regulatory Authority, Inc., et al. to respond filed.
  10. Nov 12 2019
    Petition for a writ of certiorari filed. (Response due December 19, 2019)