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AMG Capital Management, LLC v. Federal Trade Commission

Docket No. Op. Below Argument Opinion Vote Author Term
19-508 9th Cir. Jan 13, 2021 Apr 22, 2021 9-0 Breyer OT 2020

Holding: Section 13(b) of the Federal Trade Commission Act does not authorize the commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.

Judgment: Reversed and remanded, 9-0, in an opinion by Justice Breyer on April 22, 2021.

DateProceedings and Orders (key to color coding)
Sep 03 2019Application (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.
Sep 03 2019Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019.
Oct 18 2019Petition for a writ of certiorari filed. (Response due November 20, 2019)
Nov 13 2019Brief amicus curiae of Cause of Action Institute filed. VIDED.
Nov 18 2019Brief amicus curiae of Washington Legal Foundation filed. VIDED.
Nov 20 2019Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed.
Nov 20 2019Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
Nov 21 2019Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
Dec 13 2019Brief of respondent Federal Trade Commission filed.
Dec 18 2019Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
Dec 20 2019Reply of petitioners AMG Capital Management, LLC, et al. filed.
Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
Jan 02 2020Rescheduled.
Apr 01 2020DISTRIBUTED for Conference of 4/17/2020.
Apr 02 2020Rescheduled.
Apr 28 2020DISTRIBUTED for Conference of 5/15/2020.
Jun 22 2020DISTRIBUTED for Conference of 6/25/2020.
Jun 23 2020Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
Jun 29 2020DISTRIBUTED for Conference of 7/1/2020.
Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
Jul 09 2020Petition GRANTED. The petition for a writ of certiorari in No. 19-825 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED.
Jul 09 2020Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 19-508. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 19-508. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.”
Aug 10 2020Joint motion for alignment and extension of time to file the briefs on the merits filed.
Aug 11 2020Blanket Consent filed by Credit Bureau Center, LLC, et al. VIDED.
Aug 12 2020Joint motion for alignment and an extension of time to file the briefs on the merits granted. Petitioners in No. 19-508 and respondents in No. 19-825 have to and including September 25, 2020, within which to file the joint appendix and their opening briefs on the merits. The Federal Trade Commission has to and including November 30, 2020, within which to file its consolidated response brief on the merits. VIDED.
Aug 20 2020Blanket Consent filed by Respondent, Federal Trade Commission
Sep 17 2020Joint motion to dispense with printing the joint appendix filed. VIDED.
Sep 25 2020Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825).
Sep 25 2020Blanket Consent filed by Petitioners, AMG Capital Management, LLC, et al. VIDED
Sep 25 2020Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508).
Oct 01 2020Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
Oct 02 2020Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
Oct 02 2020Brief amicus curiae of TechFreedom filed. VIDED.
Oct 02 2020Brief amicus curiae of Surescripts, LLC filed. VIDED.
Oct 02 2020Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED.
Oct 02 2020Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed. VIDED.
Oct 02 2020Brief amicus curiae of The New Civil Liberties Alliance filed. VIDED.
Oct 02 2020Brief amicus curiae of SBH A&I filed.(also in 19-825) VIDED.
Oct 05 2020Joint motion to dispense with printing the joint appendix filed by the parties GRANTED. VIDED.
Nov 09 2020This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center.
Nov 12 2020Application (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.
Nov 19 2020Application (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.
Nov 25 2020SET FOR ARGUMENT on Wednesday, January 13, 2021.
Nov 30 2020Brief of respondent Federal Trade Commission filed.
Dec 03 2020Record requested from the U.S.C.A. 9th Circuit.
Dec 04 2020Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed)
Dec 07 2020Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed)
Dec 07 2020Brief amicus curiae of American Antitrust Institute filed. (Distributed)
Dec 07 2020Brief amicus curiae of Open Markets Institute filed. (Distributed)
Dec 07 2020Brief amicus curiae of Public Citizen filed. (Distributed)
Dec 07 2020Brief amici curiae of States of Illinois, et al. filed. (Distributed)
Dec 07 2020Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
Dec 07 2020Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed)
Dec 08 2020CIRCULATED
Dec 09 2020The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
Dec 30 2020Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
Jan 13 2021Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C.
Apr 22 2021Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
May 24 2021JUDGMENT ISSUED.