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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.
SCOTUSblog Coverage
- Justices unanimously reject FTC’s authority to compel monetary relief (Ronald Mann, April 23, 2021)
- Unanimous court curtails FTC’s ability to obtain restitution for deceptive practices (James Romoser, April 22, 2021)
- Argument analysis: Justices doubt FTC’s authority to compel monetary relief (Ronald Mann, January 14, 2021)
- Case preview: Justices to consider FTC’s authority to compel monetary relief (updated) (Ronald Mann, January 12, 2021)
- Court releases January calendar (updated) (Amy Howe, November 25, 2020)
- Justices grant new cases involving challenges to Social Security Administration judges (Amy Howe, November 9, 2020)
- Before the summer recess, one last set of grants (Amy Howe, July 9, 2020)
- Relist Watch: The final countdown (SCOTUSblog, July 9, 2020)
- Relists Return (John Elwood, June 30, 2020)
- FTC files own petition, suggesting divide in federal government (Amy Howe, January 3, 2020)
| Date | Proceedings and Orders |
|---|---|
| Sep 03 2019 | 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. |
| Sep 03 2019 | Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019. |
| Oct 18 2019 | Petition for a writ of certiorari filed. (Response due November 20, 2019) |
| Nov 13 2019 | Brief amicus curiae of Cause of Action Institute filed. VIDED. |
| Nov 18 2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| Nov 20 2019 | Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed. |
| Nov 20 2019 | Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk. |
| Nov 21 2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019. |
| Dec 13 2019 | Brief of respondent Federal Trade Commission filed. |
| Dec 18 2019 | Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed. |
| Dec 20 2019 | Reply of petitioners AMG Capital Management, LLC, et al. filed. |
| Dec 23 2019 | DISTRIBUTED for Conference of 1/10/2020. |
| Jan 02 2020 | Rescheduled. |
| Apr 01 2020 | DISTRIBUTED for Conference of 4/17/2020. |
| Apr 02 2020 | Rescheduled. |
| Apr 28 2020 | DISTRIBUTED for Conference of 5/15/2020. |
| Jun 22 2020 | DISTRIBUTED for Conference of 6/25/2020. |
| Jun 23 2020 | Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed) |
| Jun 29 2020 | DISTRIBUTED for Conference of 7/1/2020. |
| Jul 08 2020 | DISTRIBUTED for Conference of 7/8/2020. |
| Jul 09 2020 | Petition 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 2020 | Because 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 2020 | Joint motion for alignment and extension of time to file the briefs on the merits filed. |
| Aug 11 2020 | Blanket Consent filed by Credit Bureau Center, LLC, et al. VIDED. |
| Aug 12 2020 | Joint 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 2020 | Blanket Consent filed by Respondent, Federal Trade Commission |
| Sep 17 2020 | Joint motion to dispense with printing the joint appendix filed. VIDED. |
| Sep 25 2020 | Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825). |
| Sep 25 2020 | Blanket Consent filed by Petitioners, AMG Capital Management, LLC, et al. VIDED |
| Sep 25 2020 | Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508). |
| Oct 01 2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| Oct 02 2020 | Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED. |
| Oct 02 2020 | Brief amicus curiae of TechFreedom filed. VIDED. |
| Oct 02 2020 | Brief amicus curiae of Surescripts, LLC filed. VIDED. |
| Oct 02 2020 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| Oct 02 2020 | Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed. VIDED. |
| Oct 02 2020 | Brief amicus curiae of The New Civil Liberties Alliance filed. VIDED. |
| Oct 02 2020 | Brief amicus curiae of SBH A&I filed.(also in 19-825) VIDED. |
| Oct 05 2020 | Joint motion to dispense with printing the joint appendix filed by the parties GRANTED. VIDED. |
| Nov 09 2020 | This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center. |
| Nov 12 2020 | 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. |
| Nov 19 2020 | 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. |
| Nov 25 2020 | SET FOR ARGUMENT on Wednesday, January 13, 2021. |
| Nov 30 2020 | Brief of respondent Federal Trade Commission filed. |
| Dec 03 2020 | Record requested from the U.S.C.A. 9th Circuit. |
| Dec 04 2020 | Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed) |
| Dec 07 2020 | Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed) |
| Dec 07 2020 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| Dec 07 2020 | Brief amicus curiae of Open Markets Institute filed. (Distributed) |
| Dec 07 2020 | Brief amicus curiae of Public Citizen filed. (Distributed) |
| Dec 07 2020 | Brief amici curiae of States of Illinois, et al. filed. (Distributed) |
| Dec 07 2020 | Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed) |
| Dec 07 2020 | Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed) |
| Dec 08 2020 | CIRCULATED |
| Dec 09 2020 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| Dec 30 2020 | Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed) |
| Jan 13 2021 | Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C. |
| Apr 22 2021 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| May 24 2021 | JUDGMENT ISSUED. |
