Legal Opinion

DiPlacido v. Commodity Futures Trading Commission

Court of Appeals for the Second Circuit

Decided October 16, 2009No. 08-5559-agPublishedCited by 1 opinion

1Opinion of the Court

SUMMARY ORDER

Anthony J. DiPlacido seeks review of the Commission’s 79-page decision affirming an administrative law judge’s (“ALJ”) determination that he manipulated settlement prices for electricity futures contracts. DiPlacido argues that (1) the decision violates due process, because he lacked notice of the theory of manipulation under which he was found liable; (2) the applied theory of manipulation was erroneous as a matter of law; (3) the weight of the evidence does not support a finding of liability; (4) the ALJ made improper evi-dentiary rulings and exhibited bias; and (5) the…

2Cases cited11 opinions

  1. Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
  2. Colautti v. FranklinSupreme Court of the United States · 1979
  3. Rollins Environmental Services (Nj) Inc. v. U.S. Environmental Protection AgencyCourt of Appeals for the D.C. Circuit · 1991
  4. United States v. Benny Smith, Also Known as BennieCourt of Appeals for the Second Circuit · 1999
  5. Robert F. Haltmier v. Commodity Futures Trading CommissionCourt of Appeals for the Second Circuit · 1977

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3Cited by1 opinion

  1. In re Libor-Based Financial Instruments Antitrust LitigationDistrict Court, S.D. New York · 2013

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