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AMG Capital Management, LLC, et al. v. Federal Trade Commission

Paid petition · United States Court of Appeals for the Ninth Circuit, No. 16-17197 · judgment December 3, 2018

Decided · April 22, 2021
Pre-decision estimate: 26% cert probability (95% interval 20%–34%)

Before the decision, about 6.3× the 4.1% base rate. The model weighted this up for counsel who has won certiorari before, a Ninth Circuit decision below, and a circuit split argued in the petition.

Question presented

Consolidated with 19-825. The Federal Trade Commission Act, Pub. L. No. 63- 203, 38 Stat. 717 (1914) (codified as amended at 15 U.S.C.§§ 41 et seq.), generally "empower[s] and direct[s]" the Federal Trade Commission "to prevent" persons from using "unfair or deceptive acts or practices in or affecting commerce." 15 U.S.C. §45(a)(2). By its terms, § 13 (b) of the Act authorizes the Commission to seek "preliminary injunction[s]" and, "in proper cases," "permanent injunction[s]." 15 U.S.C. §53(b). The question presented is: Whether §13(b) of the Act, by authorizing "injunction[s]," also authorizes the Commission to demand monetary relief such as restitution - and if so, the scope of the limits or requirements for such relief.

Counsel of record

For petitioner
Neal Kumar Katyal
Milbank LLP

For respondent
Joel Robert Marcus
Federal Trade Commission

Case

Conference history
Distributed for 6 conferences

Amicus briefs
3 cert-stage · 16 merits
(8 supporting pet./neither, 8 respondent)

Argument & decision

Argued January 13, 2021 — Michael Pattillo · Joel R. Marcus. Audio and transcript

Decided April 22, 2021. Opinion by Breyer.

Proceedings

  1. May 24 2021
    JUDGMENT ISSUED.
  2. Apr 22 2021
    Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court.
  3. Jan 13 2021
    Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C.
  4. Dec 30 2020
    Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
  5. Dec 09 2020
    The record from the U.S.C.A. 9th Circuit is electronic and located on PACER.
  6. Dec 08 2020
    CIRCULATED
  7. Dec 07 2020
    Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed)
  8. Dec 07 2020
    Brief amicus curiae of American Antitrust Institute filed. (Distributed)
  9. Dec 07 2020
    Brief amicus curiae of Open Markets Institute filed. (Distributed)
  10. Dec 07 2020
    Brief amicus curiae of Public Citizen filed. (Distributed)
  11. Dec 07 2020
    Brief amici curiae of States of Illinois, et al. filed. (Distributed)
  12. Dec 07 2020
    Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed)
  13. Dec 07 2020
    Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed)
  14. Dec 04 2020
    Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed)
  15. Dec 03 2020
    Record requested from the U.S.C.A. 9th Circuit.
  16. Nov 30 2020
    Brief of respondent Federal Trade Commission filed.
  17. Nov 25 2020
    SET FOR ARGUMENT on Wednesday, January 13, 2021.
  18. 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.
  19. 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.
  20. Nov 09 2020
    This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center.
  21. Oct 05 2020
    Joint motion to dispense with printing the joint appendix filed by the parties GRANTED. VIDED.
  22. Oct 02 2020
    Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED.
  23. Oct 02 2020
    Brief amicus curiae of TechFreedom filed. VIDED.
  24. Oct 02 2020
    Brief amicus curiae of Surescripts, LLC filed. VIDED.
  25. Oct 02 2020
    Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED.
  26. Oct 02 2020
    Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed. VIDED.
  27. Oct 02 2020
    Brief amicus curiae of The New Civil Liberties Alliance filed. VIDED.
  28. Oct 02 2020
    Brief amicus curiae of SBH A&I filed.(also in 19-825) VIDED.
  29. Oct 01 2020
    Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED.
  30. Sep 25 2020
    Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825).
  31. Sep 25 2020
    Blanket Consent filed by Petitioners, AMG Capital Management, LLC, et al. VIDED
  32. Sep 25 2020
    Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508).
  33. Sep 17 2020
    Joint motion to dispense with printing the joint appendix filed. VIDED.
  34. Aug 20 2020
    Blanket Consent filed by Respondent, Federal Trade Commission
  35. 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.
  36. Aug 11 2020
    Blanket Consent filed by Credit Bureau Center, LLC, et al. VIDED.
  37. Aug 10 2020
    Joint motion for alignment and extension of time to file the briefs on the merits filed.
  38. 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.
  39. 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.”
  40. Jul 08 2020
    DISTRIBUTED for Conference of 7/8/2020.
  41. Jun 29 2020
    DISTRIBUTED for Conference of 7/1/2020.
  42. Jun 23 2020
    Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed)
  43. Jun 22 2020
    DISTRIBUTED for Conference of 6/25/2020.
  44. Apr 28 2020
    DISTRIBUTED for Conference of 5/15/2020.
  45. Apr 02 2020
    Rescheduled.
  46. Apr 01 2020
    DISTRIBUTED for Conference of 4/17/2020.
  47. Jan 02 2020
    Rescheduled.
  48. Dec 23 2019
    DISTRIBUTED for Conference of 1/10/2020.
  49. Dec 20 2019
    Reply of petitioners AMG Capital Management, LLC, et al. filed.
  50. Dec 18 2019
    Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed.
  51. Dec 13 2019
    Brief of respondent Federal Trade Commission filed.
  52. 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.
  53. Nov 20 2019
    Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed.
  54. Nov 20 2019
    Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
  55. Nov 18 2019
    Brief amicus curiae of Washington Legal Foundation filed. VIDED.
  56. Nov 13 2019
    Brief amicus curiae of Cause of Action Institute filed. VIDED.
  57. Oct 18 2019
    Petition for a writ of certiorari filed. (Response due November 20, 2019)
  58. 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.
    Main DocumentLower Court Orders/OpinionsOtherProof of Service
  59. Sep 03 2019
    Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019.