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Michael Patrick Lathigee v. British Columbia Securities Commission
Paid petition · Supreme Court of Nevada, No. 78833 · judgment December 10, 2020
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
- Oct 04 2021Petition DENIED.
- Sep 08 2021DISTRIBUTED for Conference of 9/27/2021.
- Aug 31 2021Waiver of right of respondent British Columbia Securities Commission to respond filed.
- Aug 05 2021Petition for a writ of certiorari filed. (Response due September 8, 2021)