Commodity Futures Trading Commission v. Erskine

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• “Expressly excluded from ... CFTC regulation[ ] is ‘any sale of any cash commodity for deferred shipment or delivery,’ commonly referred to as a forward contract.”
• “[T]he CFTC waived any reliance on Chevron by failing to raise it to the district court.”
• agency “waived any reliance on Chevron deference by failing to raise it to the district court”
• the CFTC “has merely asserted its preferred definition during the course of litigation (and in a proposal to Congress for new legislation). This approach does not result in a definition entitled to Chevron deference.”

Source: CourtListener parenthetical corpus (CC0).