Trudeau v. Federal Trade Commission
Petition for certiorari denied on October 9, 2012
Issue: (1) Whether a district court exercising inherent equitable power may impose a monetary sanction in an amount that exceeds the defendant"s unjust enrichment (as the Seventh, Eighth, and Ninth Circuits have held, in conflict with the Second, Third, and Eleventh Circuits); (2) whether the standard of Rufo v. Inmates of Suffolk County Jail " which held that Federal Rule of Civil Procedure 60(b)(5) permits modifying consent decrees based on a "significant change in circumstances" " applies to all modification requests (as the First, Sixth, and Ninth Circuits have held), only those made by defendants (as the Third and D.C. Circuits have held), only those in institutional reform cases (as the Federal Circuit has held), only those in cases affecting the public interest (as the Second Circuit has held), or only those made by defendants in institutional reform cases (as the Seventh Circuit held here); and (3) whether advertisements for a book that extensively quote the book are "inextricably intertwined" with fully protected speech and thus entitled to full First Amendment protection.
Date | Proceedings and Orders |
---|---|
04/19/2012 | Application (11A1005) to extend the time to file a petition for a writ of certiorari from April 29, 2012 to June 28, 2012, submitted to Justice Kagan. |
04/23/2012 | Application (11A1005) granted by Justice Kagan extending the time to file until June 28, 2012. |
06/28/2012 | Petition for a writ of certiorari filed. (Response due August 1, 2012) |
07/24/2012 | Order extending time to file response to petition to and including August 31, 2012. |
08/01/2012 | Brief amicus curiae of Cato Institute filed. |
08/27/2012 | Brief of respondent Federal Trade Commission in opposition filed. |
09/11/2012 | Reply of petitioner Kevin Trudeau filed. |
09/12/2012 | DISTRIBUTED for Conference of October 5, 2012. |
10/09/2012 | Petition DENIED. |
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