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· 9/11/2018

People v. Fish

Citations

  • 111 N.E.3d 1117
  • 86 N.Y.S.3d 761
  • 32 N.Y.3d 1003

How courts have described this case

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

  • noting that past improper conduct, while suggestive of a likelihood of future improper conduct, does not necessarily denote such, and the court, in making an inference of likelihood, should look at any relevant factors
  • holding that Porter authorized disgorgement under the Commodity Exchange Act
  • noting that although the CEA does not contain the same explicit grant of broad equitable authority found in the SEA, \neither does [the CEA] have any provision restricting the equitable power of the district court\
  • concluding “there is nothing in either the statutory language or legislative history which suggests that intent either to affect market prices or specific intent to exceed the specu- lative limits is a necessary element of a violation” of the predecessor stat- ute to § 6a(e)
  • relevant factor requirement is not a device by which parties can thwart enforcement by offering new evidence challenging wisdom of regulation
  • “The fact that a violator has continued to maintain that his conduct was blameless has prompted several courts to look favorably on injunctive relief.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Difiore

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.