· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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