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Michael Patrick Lathigee v. British Columbia Securities Commission

Paid petition · Supreme Court of Nevada, No. 78833 · judgment December 10, 2020


Certiorari denied · October 4, 2021
Pre-decision estimate: 1% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Whether the Supreme Court of Nevada’s opinion enforcing the BCSC’s $21.7 million (CAD) Canadian “Disgorgement Order” against Lathigee as a judgment in Nevada conflicts with this Court’s precedents in Huntington v. Attrill, 146 U.S. 657, 13 S. Ct. 224 (1892); Kokesh v. SEC, 581 U.S. ___, 137 S. Ct. 1635 (2017); and Liu v. SEC, 591 U.S. ___, 140 S. Ct. 1936 (2020), such that certiorari should be granted, because the Disgorgement Order constitutes a fine or penalty as a matter of law.

Counsel of record

For petitioner
Micah S. Echols
Claggett & Sykes Law Firm

For respondent
John Mathew Naylor
Naylor & Braster

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Oct 04 2021
    Petition DENIED.
  2. Sep 08 2021
    DISTRIBUTED for Conference of 9/27/2021.
  3. Aug 31 2021
    Waiver of right of respondent British Columbia Securities Commission to respond filed.
  4. Aug 05 2021
    Petition for a writ of certiorari filed. (Response due September 8, 2021)