Legal Opinion
R&W Technical Services Ltd. v. Commodity Futures Trading Commission
Court of Appeals for the Fifth Circuit
Decided March 1, 2000No. 99-60182PublishedCited by 47 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
Petitioners petition for review of a'final order of the Commodity Futures Trading Commission affirming violations of the Commodities and Exchange Act and assessing a civil monetary penalty of $2,375 million. We AFFIRM the finding of liability, but find that the civil monetary penalty imposed was not reasonable in light of the violations at issue and that in assessing the penalty, mitigating evidence was improperly excluded from consideration. We REVERSE the order imposing a civil penalty and REMAND for a new assessment consistent with this opinion.
I
From…
2Cases cited24 opinions
- Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc.Supreme Court of the United States · 1984
- TSC Industries, Inc. v. Northway, Inc.Supreme Court of the United States · 1976
- Schneider v. State (Town of Irvington)Supreme Court of the United States · 1939
- Bowles v. Seminole Rock & Sand Co.Supreme Court of the United States · 1945
- Commodity Futures Trading Commission v. SchorSupreme Court of the United States · 1986
19 more not listed; retrieve them via the Exa API.
3Cited by47 opinions
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- United States Securities & Exchange Commission v. Pirate Investor LLCCourt of Appeals for the Fourth Circuit · 2009
- Commodity Futures Trading Commission, Cross v. Anthony Vartuli, Defendant-Appellant-Cross-Appellee, Avco Financial Corp., J. Michael GentCourt of Appeals for the Second Circuit · 2000
- Commodity Futures Trading Commission v. R.J. Fitzgerald & Co.Court of Appeals for the Eleventh Circuit · 2002
42 more not listed; retrieve them via the Exa API.