Supreme Court of the United States · Official docket →
Charles C. Liu, et al. v. Securities and Exchange Commission
Paid petition · United States Court of Appeals for the Ninth Circuit, No. 21-56090 · judgment August 24, 2022
Before the decision, about 2.6× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.
Questions presented
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Whether the decision of the Ninth Circuit requiring petitioners to disgorge funds they raised and disbursed to unrelated third parties, but never personally received, complies with this Court’s mandate in Liu v. SEC, 140 S. Ct. 1936 (2020).
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Whether, as the Second, Third, Sixth, and Ninth Circuits hold, the mandate of a court of appeals limits the jurisdiction of a district court on remand; or whether, as the First, Fifth, Tenth, and Federal Circuits hold, compliance with the mandate is a procedural requirement but not a jurisdictional one.
Counsel of record
For petitioner
Michael K. Kellogg
Kellogg, Hansen, Todd, Figel & Frederick, P.L.L.C.
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- May 22 2023Petition DENIED.
- May 02 2023DISTRIBUTED for Conference of 5/18/2023.
- May 02 2023Reply of petitioners Charles C. Liu, et al. filed. (Distributed)
- Apr 12 2023Brief of respondent Securities and Exchange Commission in opposition filed.
- Mar 09 2023Motion to extend the time to file a response is granted and the time is extended to and including April 12, 2023.
- Mar 08 2023Motion to extend the time to file a response from March 13, 2023 to April 12, 2023, submitted to The Clerk.
- Feb 07 2023Petition for a writ of certiorari filed. (Response due March 13, 2023)