No. 19-507

Publishers Business Services, Inc., et al. v. Federal Trade Commission

Lower Court: Ninth Circuit
Docketed: 2019-10-18
Status: GVR
Type: Paid
Relisted (7)
Tags: circuit-split disgorgement equitable-remedies equity-powers ftc-act ftc-act-section-13b kokesh kokesh-v-sec monetary-relief separation-of-powers statutory-interpretation
Key Terms:
ERISA Securities Privacy JusticiabilityDoctri
Latest Conference: 2021-04-30 (distributed 7 times)
Question Presented (from Petition)

1) Whether a district court can award monetary relief under § 13(b) of the FTC Act, consistent with separation-of-powers principles; and

2) Whether a monetary disgorgement award under § 13(b) of the FTC Act is a penalty and therefore outside a district court's inherent equity powers.

Question Presented (AI Summary)

Whether a district court can award monetary relief under § 13(b) of the FTC Act, consistent with separation-of-powers principles

Docket Entries

2021-06-04
JUDGMENT ISSUED.
2021-05-03
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of <i>AMG Capital Management, LLC</i> v. <i>FTC</i>, 593 U. S. ___ (2021).
2021-04-26
DISTRIBUTED for Conference of 4/30/2021.
2020-07-08
DISTRIBUTED for Conference of 7/8/2020.
2020-06-30
Supplemental brief of petitioners Publishers Business Services, Inc., et al. filed.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-22
DISTRIBUTED for Conference of 6/25/2020.
2020-04-28
DISTRIBUTED for Conference of 5/15/2020.
2020-04-02
Rescheduled.
2020-04-01
DISTRIBUTED for Conference of 4/17/2020.
2020-01-02
Rescheduled.
2019-12-23
Reply of petitioners Publishers Business Services, Inc., et al. filed.
2019-12-23
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
2019-12-13
Brief of respondent Federal Trade Commission in opposition filed.
2019-11-19
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
2019-11-18
Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
2019-10-18
Petition for a writ of certiorari filed. (Response due November 18, 2019)
2019-09-05
Application (19A255) granted by Justice Kagan extending the time to file until October 18, 2019.
2019-08-30
Application (19A255) to extend the time to file a petition for a writ of certiorari from September 17, 2019 to October 18, 2019, submitted to Justice Kagan.

Attorneys

Cause of Action Institute
Cynthia Fleming CrawfordCause of Action Institute, Amicus
FTC
Elizabeth B. PrelogarActing Solicitor General, Respondent
Publishers Business Services, Inc., et al.
Peter Winslow HomerHomer Bonner Jacobs, P.A., Petitioner
Washington Legal Foundation
Corbin Knight BartholdWashington Legal Foundation, Amicus