Issue: (1) Whether the Court’s analysis of equitable jurisdiction in Great-West Life & Annuity Insurance Co. v. Knudson applies to Section 13(b) of the Federal Trade Commission Act (15 U.S.C. § 53(b)) so that relief is limited to typical equitable remedies, or whether Section 13(b) allows district courts to award the FTC virtually unlimited legal relief including damages for alleged customer loss; and (2) whether a district court abuses its discretion under Section 13(b) by conforming monetary awards to the unique facts of the case and typical equitable remedies, such as a defendant’s unjust gain from alleged violations of the FTC Act.
On Monday at 9:30 a.m. we expect orders from the October 17 Conference. We do not expect any decisions on the merits but will report promptly on any orders. The Court's next Conference is scheduled for October 31. The November sitting begins November 3.