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Publishers Business Services Inc. v. Federal Trade Commission

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Petition for certiorari granted, judgment vacated and case remanded to the U.S. Court of Appeals for the 9th Circuit for further consideration in light of AMG Capital Management, LLC v. FTC, on May 3, 2021
Docket No. Op. Below Argument Opinion Vote Author Term
19-507 9th Cir. N/A N/A N/A N/A OT 2020

Issues: (1) Whether a district court can award monetary relief under Section 13(b) of the Federal Trade Commission Act, consistent with separation of powers principles; and (2) whether a monetary disgorgement award under Section 13(b) of the FTC Act is a penalty and therefore outside a district court’s inherent equity powers.

SCOTUSblog Coverage

DateProceedings and Orders (key to color coding)
Aug 30 2019Application (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.
Sep 05 2019Application (19A255) 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 18, 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 18 2019Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
Nov 19 2019Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
Dec 13 2019Brief of respondent Federal Trade Commission in opposition filed.
Dec 20 2019Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
Dec 23 2019DISTRIBUTED for Conference of 1/10/2020.
Dec 23 2019Reply of petitioners Publishers Business Services, Inc., et al. filed.
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 29 2020DISTRIBUTED for Conference of 7/1/2020.
Jun 30 2020Supplemental brief of petitioners Publishers Business Services, Inc., et al. filed.
Jul 08 2020DISTRIBUTED for Conference of 7/8/2020.
Apr 26 2021DISTRIBUTED for Conference of 4/30/2021.
May 03 2021Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of AMG Capital Management, LLC v. FTC, 593 U. S. ___ (2021).
Jun 04 2021JUDGMENT ISSUED.