Securities & Exchange Commission v. Banner Fund International

How courts have described this case

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

• holding that “disgorgement is an equitable obligation, to return a sum equal to the amount wrongfully obtained, rather than a requirement to replevy a specific asset”
• holding that “disgorgement is an equitable obligation to return a sum equal to the amount wrongfully obtained, rather than a requirement to replevy a specific asset”
• holding that disgorgement remedy sets liability to pay amount equal to wrongfully obtained amounts. regardless of the disposition of the original assets
• explaining that “[i]f the party opposing the motion fails to comply with [Local Rule 7(h)(1
• observing that “disgorgement is an equitable obligation to return a sum equal to the amount wrongfully obtained, rather than a requirement to replevy a specific asset”
• holding that “[bjeeause disgorgement is an equitable obligation to return a sum equal to the amount wrongfully obtained, rather than a requirement to replevy a specific asset,” a defendant may not avoid disgorgement by arguing that he does not have access to the specific profits in question

Source: CourtListener parenthetical corpus (CC0).