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Publishers Business Services Inc. v. Federal Trade Commission

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.19-507
Op. Below9th Cir.

Issue

(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.

Proceedings & orders timeline

Aug 30, 2019
Application (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 5, 2019
Application (19A255) 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 18, 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 18, 2019
Motion to extend the time to file a response from November 18, 2019 to December 18, 2019, submitted to The Clerk.
Nov 19, 2019
Motion to extend the time to file a response is granted and the time is extended to and including December 18, 2019.
Dec 13, 2019
Brief of respondent Federal Trade Commission in opposition filed.
Dec 20, 2019
Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
Dec 23, 2019
DISTRIBUTED for Conference of 1/10/2020.
Dec 23, 2019
Reply of petitioners Publishers Business Services, Inc., et al. filed.
Jan 2, 2020
Rescheduled.
Apr 1, 2020
DISTRIBUTED for Conference of 4/17/2020.
Apr 2, 2020
Rescheduled.
Apr 28, 2020
DISTRIBUTED for Conference of 5/15/2020.
Jun 22, 2020
DISTRIBUTED for Conference of 6/25/2020.
Jun 29, 2020
DISTRIBUTED for Conference of 7/1/2020.
Jun 30, 2020
Supplemental brief of petitioners Publishers Business Services, Inc., et al. filed.
Jul 8, 2020
DISTRIBUTED for Conference of 7/8/2020.
Apr 26, 2021
DISTRIBUTED for Conference of 4/30/2021.
May 3, 2021
Petition GRANTED. Judgment VACATED and case REMANDED for further consideration in light of AMG Capital Management, LLC v. FTC, 593 U. S. ___ (2021).
Jun 4, 2021
JUDGMENT ISSUED.

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