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Team Resources Incorporated, et al. v. Securities and Exchange Commission

Paid petition · United States Court of Appeals for the Fifth Circuit, No. 22-10359 · judgment February 1, 2023


Certiorari denied · June 26, 2023
Pre-decision estimate: 4% cert probability

Before the decision, roughly the 4.1% base rate. The model weighted this up for a Fifth Circuit decision below and a petition filed soon after the judgment below.

Question presented

Whether a federal court may grant a disgorgement request from the Securities and Exchange Commission without granting a defendant’s request for a live evidentiary hearing, and whether the civil penalty imposed below violates the Eighth Amendment to the United States Constitution.

Counsel of record

For petitioner
Jacob Shaye Frenkel
Dickinson Wright PLLC

For respondent
Elizabeth B. Prelogar
Solicitor General

Case

Subject area
Economic Activity (estimated from the questions presented, in the Supreme Court Database’s categories)

Conference history
Distributed for 1 conference

Order
Order list, June 26, 2023 · Certiorari denied

Proceedings

  1. Jun 26 2023
    Petition DENIED.
  2. Jun 06 2023
    DISTRIBUTED for Conference of 6/22/2023.
  3. Jun 02 2023
    Waiver of right of respondent Securities and Exchange Commission to respond filed.
  4. May 01 2023
    Petition for a writ of certiorari filed. (Response due June 5, 2023)