Gugliuzza v. Federal Trade Commission

(1) Whether the U.S. Court of Appeals for the 9th Circuit erred in affirming a judgment under Section 13(b) of the Federal Trade Commission Act in an amount greatly exceeding disgorgement of the ill-gotten gain in the defendant's possession, even though the statute authorizes only equitable remedies and other circuits have held that restitutionary recovery must be limited to the defendant's unjust gain; and (2) whether the 9th Circuit erred in allowing under Section 13(b) the imposition of joint and several liability, which is a legal damages construct that does not center on the defendant's unjust gain, was not available in the traditional courts of equity, and has been held to be unavailable as an equitable remedy by the U.S. Courts of Appeals for the 2nd, 4th and 10th Circuits.