R.J. Fitzgerald & Co. seeks review by U.S. Supreme Court of commodities fraud standards applied by 11th Circuit
Clients R.J. Fitzgerald & Co., Inc.
Jones Day represented R.J. Fitzgerald & Co., Inc., in seeking review in the U.S. Supreme Court in this case involving the standards for commodities fraud. We argued that the standards applied by the Eleventh Circuit in assessing scienter are inconsistent with those applied by other courts, and that the Eleventh Circuit approach raises First Amendment concerns.
R.J. Fitzgerald & Co., Inc. v. Commodities Futures Trading Commission, U.S. Supreme Ct. N. 04-198