Legal Opinion

Securities & Exchange Commission v. Smyth

Court of Appeals for the Eleventh Circuit

Decided August 10, 2005No. 04-11985PublishedCited by 381 opinions

1Opinion of the Court

TJOFLAT, Circuit Judge:

In this case, the Securities and Exchange Commission obtained a judgment against Arnold E. Johns, Jr., for $743,127.02, which represented the profits he reaped from insider trading in the shares of Vista 2000, Inc. Johns appeals the judgment, contending that the procedure the district court employed in determining the profits he should disgorge denied him due process. We agree and therefore vacate the judgment and remand the case for further proceedings.

I

Johns was president and a director of Vista 2000, Inc. (Vista), a Delaware corporation based in Roswell, Georgia,…

2Cases cited15 opinions

  1. Larry Bonner v. City of Prichard, AlabamaCourt of Appeals for the Eleventh Circuit · 1981
  2. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  3. Grannis v. OrdeanSupreme Court of the United States · 1914
  4. International Longshoremen's Ass'n, Local 1291 v. Philadelphia Marine Trade Ass'nSupreme Court of the United States · 1967
  5. Ca 79-3781 United Artists Corporation and Walt Disney Productions v. Harold FreemanCourt of Appeals for the Fifth Circuit · 1979

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3Cited by381 opinions

  1. Equal Employment Opportunity Commission v. Autozone, Inc.Court of Appeals for the Seventh Circuit · 2013
  2. Irina Giovanno v. Louis FabecCourt of Appeals for the Eleventh Circuit · 2015
  3. Winn-Dixie Stores, Inc. v. Dolgencorp, LLCCourt of Appeals for the Eleventh Circuit · 2014
  4. Frazier v. Absolute Collection Service, Inc.District Court, N.D. Georgia · 2011
  5. Tara Productions, Inc. v. Hollywood Gadgets, Inc.Court of Appeals for the Eleventh Circuit · 2011

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