Civil Litigation,
Administrative/Regulatory,
9th U.S. Circuit Court of Appeals
Dec. 17, 2018
En banc 9th Circuit should reconsider FTC Act case
9th Circuit Judges Diarmuid O'Scannlain and Carlos Bea have called on the en banc court to reconsider precedent approving of broad equitable remedies under Section 13(b) of the FTC Act as contrary to the language and structure of the act, and inconsistent with limits placed on federal courts' "equitable" powers by the U.S. Supreme Court.
Blaine H. Evanson
Partner
Gibson, Dunn & Crutcher LLP
Appellate and Constitutional Law and Intellectual Property
3161 Michelson Drive
Irvine , California 92612-4412
Phone: (949) 451-3805
Email: bevanson@gibsondunn.com
Columbia Univ Law School
Blaine is based in the firm's Orange County office, where he practices in the Appellate and Constitutional Law group.
Brandon J. Stoker
Associate
Gibson, Dunn & Crutcher LLP
333 S Grand Ave
Los Angeles , California 90071
Fax: (213) 229-6574
Email: brandonjstoker@gmail.com
Brigham Young Univ J Reuben Clark LS UT; UT
Brandon is based in the firm's Los Angeles office, where he practices in the Class Actions and Appellate and Constitutional Law practice groups.
For decades, the Federal Trade Commission has obtained substantial monetary remedies pursuant to Section 13(b) of the FTC Act, even though the only relief that provision authorizes is "injunctions." Many federal courts have construed Section 13(b) to allow monetary relief on the theory that Congress' use of the word "injunctions" permits the Commission to seek a broad panoply of equitable relief, including disgorgement and restitution. But recently two judges on the 9...
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