Legal Opinion

Fog Cutter Capital Group Inc. v. Securities & Exchange Commission

Court of Appeals for the D.C. Circuit

Decided January 23, 2007No. 06-1071PublishedCited by 6 opinions

1Opinion of the Court

Opinion for the Court filed by Circuit Judge RANDOLPH.

RANDOLPH, Circuit Judge:

The National Association of Securities Dealers (NASD) delisted Fog Cutter Capital Group’s public stock from Nasdaq. The Securities and Exchange Commission dismissed Fog Cutter’s petition for review. In re Fog Cutter Capital Group, Inc., Exchange Act Release No. 34-5,2993, 2005 WL 3500274, at *4 (Dec. 21, 2005). The issue in this petition for judicial review is whether the Commission’s dismissal was “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law,” 5 U.S.C. § 706(2)(A).

The NASD…

2Cases cited1 opinion

  1. United States v. ArmstrongSupreme Court of the United States · 1996

3Cited by6 opinions

  1. Netcoalition v. Securities & Exchange CommissionCourt of Appeals for the D.C. Circuit · 2013
  2. United States v. EisenbergDistrict Court, District of Columbia · 2015
  3. Jester, Elizabeth T. v. Govt DCCourt of Appeals for the D.C. Circuit · 2007
  4. NetCoalition v. SECCourt of Appeals for the D.C. Circuit · 2013
  5. Richards v. GelsominoDistrict Court, District of Columbia · 2019

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