No. 19-508

AMG Capital Management, LLC, et al. v. Federal Trade Commission

Lower Court: Ninth Circuit
Docketed: 2019-10-21
Status: Judgment Issued
Type: Paid
Amici (9)Relisted (6) Experienced Counsel
Tags: administrative-law circuit-split federal-trade-commission federal-trade-commission-act injunctions injunctive-relief monetary-relief permanent-injunction preliminary-injunction restitution statutory-construction statutory-interpretation unfair-or-deceptive-acts
Latest Conference: 2020-07-08 (distributed 6 times)
Question Presented (from Petition)

Whether § 13(b) of the Act, by authorizing "injunction[s]," also authorizes the Commission to demand monetary relief such as restitution—and if so, the scope of the limits or requirements for such relief.

Question Presented (AI Summary)

Whether §13(b) of the Federal Trade Commission Act authorizes the Commission to demand monetary relief such as restitution

Docket Entries

2021-05-24
JUDGMENT ISSUED.
2021-04-22
Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
2021-01-13
Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C.
2020-12-30
Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
2020-12-09
The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
2020-12-08
CIRCULATED
2020-12-07
Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed)
2020-12-07
Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
2020-12-07
Brief amici curiae of States of Illinois, et al. filed. (Distributed)
2020-12-07
Brief amicus curiae of Public Citizen filed. (Distributed)
2020-12-07
Brief amicus curiae of Open Markets Institute filed. (Distributed)
2020-12-07
Brief amicus curiae of American Antitrust Institute filed. (Distributed)
2020-12-07
Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed)
2020-12-04
Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed)
2020-12-03
Record requested from the U.S.C.A. 9th Circuit.
2020-11-30
Brief of respondent Federal Trade Commission filed.
2020-11-25
SET FOR ARGUMENT on Wednesday, January 13, 2021.
2020-11-19
Application (20A103) granted by Justice Kagan to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits. Respondent's brief on the merits shall not exceed 15,500 words, and petitioners' reply brief on the merits shall not exceed 7,150 words.
2020-11-12
Application (20A103) to file respondent's brief on the merits and petitioners' reply brief on the merits in excess of the word limits, submitted to Justice Kagan.
2020-11-09
This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center.
2020-09-25
Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508).
2020-09-25
Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825).
2020-08-20
Blanket Consent filed by Respondent, Federal Trade Commission
2020-08-10
Joint motion for alignment and extension of time to file the briefs on the merits filed.
2020-07-08
DISTRIBUTED for Conference of 7/8/2020.
2020-06-29
DISTRIBUTED for Conference of 7/1/2020.
2020-06-23
Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
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
DISTRIBUTED for Conference of 1/10/2020.
2019-12-20
Reply of petitioners AMG Capital Management, LLC, et al. filed.
2019-12-18
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 filed.
2019-11-21
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
2019-11-20
Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
2019-11-20
Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed.
2019-10-18
Petition for a writ of certiorari filed. (Response due November 20, 2019)
2019-09-03
Application (19A252) to extend the time to file a petition for a writ of certiorari from September 18, 2019 to October 18, 2019, submitted to Justice Kagan.
2019-09-03
Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019.

Attorneys

43 Remedies, Restitution, Antitrust, and Intellectual Property Scholars
Phillip Robert MaloneJuelsgaard Intellectual Property and Innovation Clinic, Amicus
American Antitrust Institute
Jennifer Dale BennettGupta Wessler, PLLC, Amicus
AMG Capital Management, LLC, et al.
Jeffrey Alan LamkenMoloLamken LLP, Petitioner
Michael G. Pattillo Jr.MoloLamken LLP, Petitioner
Cause of Action Institute
Cynthia Fleming CrawfordCause of Action Institute, Amicus
Chamber of Commerce of the United States of America and National Retail Federation
Ilana Hope EisensteinDLA Piper LLP (US), Amicus
Credit Bureau Center, LLC, et al.
Neal Kumar KatyalHogan Lovells US LLP, Petitioner
Federal Trade Commission
Joel Robert MarcusFederal Trade Commission, Respondent
Elizabeth B. PrelogarActing Solicitor General, Respondent
Former Federal Trade Commission Officials
David Charney VladeckGeorgetown Law, Amicus
National Consumer Law Center, et al.
Stuart Todd RossmanNational Consumer Law Center, Amicus
Open Markets Institute
Jay L. HimesLabaton Sucharow, LLP, Amicus
Public Citizen
Nandan Maheshchandra JoshiPublic Citizen Litigation Group, Amicus
SBH A&I
Daryl M. WilliamsWilliams|Mestaz, LLP, Amicus
States of Illinois et al.
Jane Elinor NotzOffice of the Attorney General, State of Illinois, Amicus
Surescripts, LLC
Roman Martinez VLatham & Watkins, LLP, Amicus
TechFreedom
Asheesh AgarwalTechFreedom, Amicus
The New Civil Liberties Alliance
John Julian VecchioneThe New Civil Liberties Alliance, Amicus
The Pharmaceutical Research and Manufacturers of America
John David GraubertCovington & Burling LLP, Amicus
Truth in Advertising, Inc.
David Thomas GoldbergDonahue, Goldberg, Weaver & Littleton, Amicus
Washington Legal Foundation
Cory L. AndrewsWashington Legal Foundation, Amicus