AMG Capital Management, LLC v. Federal Trade Commission
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 19-508 | 9th Cir. | Jan 13, 2021 | Apr 22, 2021 | 9-0 | Breyer | OT 2020 |
Holding: Section 13(b) of the Federal Trade Commission Act does not authorize the commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.
Judgment: Reversed and remanded, 9-0, in an opinion by Justice Breyer on April 22, 2021.
SCOTUSblog Coverage
- Justices unanimously reject FTCs authority to compel monetary relief (Ronald Mann, April 23, 2021)
- Unanimous court curtails FTCs ability to obtain restitution for deceptive practices (James Romoser, April 22, 2021)
- Argument analysis: Justices doubt FTCs authority to compel monetary relief (Ronald Mann, January 14, 2021)
- Case preview: Justices to consider FTCs authority to compel monetary relief (updated) (Ronald Mann, January 12, 2021)
- Court releases January calendar (updated) (Amy Howe, November 25, 2020)
- Justices grant new cases involving challenges to Social Security Administration judges (Amy Howe, November 9, 2020)
- Relist Watch: The final countdown (SCOTUSblog, July 9, 2020)
- Before the summer recess, one last set of grants (Amy Howe, July 9, 2020)
- Relists Return (John Elwood, June 30, 2020)
- FTC files own petition, suggesting divide in federal government (Amy Howe, January 3, 2020)
| Date | Proceedings and Orders |
|---|---|
| 09/03/2019 | 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. |
| 09/03/2019 | Application (19A252) granted by Justice Kagan extending the time to file until October 18, 2019. |
| 10/18/2019 | Petition for a writ of certiorari filed. (Response due November 20, 2019) |
| 11/13/2019 | Brief amicus curiae of Cause of Action Institute filed. VIDED. |
| 11/18/2019 | Brief amicus curiae of Washington Legal Foundation filed. VIDED. |
| 11/20/2019 | Brief amici curiae of Chamber of Commerce of the United States of America and National Retail Federation filed. |
| 11/20/2019 | Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk. |
| 11/21/2019 | Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019. |
| 12/13/2019 | Brief of respondent Federal Trade Commission filed. |
| 12/18/2019 | Letter waiving the 14-day waiting period for the distribution of the petition under Rule 15.5 filed. |
| 12/20/2019 | Reply of petitioners AMG Capital Management, LLC, et al. filed. |
| 12/23/2019 | DISTRIBUTED for Conference of 1/10/2020. |
| 01/02/2020 | Rescheduled. |
| 04/01/2020 | DISTRIBUTED for Conference of 4/17/2020. |
| 04/02/2020 | Rescheduled. |
| 04/28/2020 | DISTRIBUTED for Conference of 5/15/2020. |
| 06/22/2020 | DISTRIBUTED for Conference of 6/25/2020. |
| 06/23/2020 | Supplemental brief of petitioners AMG Capital Management, LLC, et al. filed. (Distributed) |
| 06/29/2020 | DISTRIBUTED for Conference of 7/1/2020. |
| 07/08/2020 | DISTRIBUTED for Conference of 7/8/2020. |
| 07/09/2020 | 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. |
| 07/09/2020 | 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.” |
| 08/10/2020 | Joint motion for alignment and extension of time to file the briefs on the merits filed. |
| 08/11/2020 | Blanket Consent filed by Credit Bureau Center, LLC, et al. VIDED. |
| 08/12/2020 | 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. |
| 08/20/2020 | Blanket Consent filed by Respondent, Federal Trade Commission |
| 09/17/2020 | Joint motion to dispense with printing the joint appendix filed. VIDED. |
| 09/25/2020 | Brief of respondents Credit Bureau Center, LLC, et al. filed (in 19-825). |
| 09/25/2020 | Blanket Consent filed by Petitioners, AMG Capital Management, LLC, et al. VIDED |
| 09/25/2020 | Brief of petitioners AMG Capital Management, LLC, et al. filed (in 19-508). |
| 10/01/2020 | Brief amicus curiae of Americans for Prosperity Foundation filed. VIDED. |
| 10/02/2020 | Brief amici curiae of Washington Legal Foundation, et al. filed. VIDED. |
| 10/02/2020 | Brief amicus curiae of TechFreedom filed. VIDED. |
| 10/02/2020 | Brief amicus curiae of Surescripts, LLC filed. VIDED. |
| 10/02/2020 | Brief amici curiae of Chamber of Commerce of the United States of America, et al. filed. VIDED. |
| 10/02/2020 | Brief amicus curiae of The Pharmaceutical Research and Manufacturers of America filed. VIDED. |
| 10/02/2020 | Brief amicus curiae of The New Civil Liberties Alliance filed. VIDED. |
| 10/02/2020 | Brief amicus curiae of SBH A&I filed.(also in 19-825) VIDED. |
| 10/05/2020 | Joint motion to dispense with printing the joint appendix filed by the parties GRANTED. VIDED. |
| 11/09/2020 | This case is no longer consolidated with No. 19-825, Federal Trade Commission v. Credit Bureau Center. |
| 11/12/2020 | 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. |
| 11/19/2020 | 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. |
| 11/25/2020 | SET FOR ARGUMENT on Wednesday, January 13, 2021. |
| 11/30/2020 | Brief of respondent Federal Trade Commission filed. |
| 12/03/2020 | Record requested from the U.S.C.A. 9th Circuit. |
| 12/04/2020 | Brief amici curiae of Former Federal Trade Commission Officials filed. (Distributed) |
| 12/07/2020 | Brief amici curiae of Remedies, Restitution, Antitrust, and Intellectual Property Law Scholars filed. (Distributed) |
| 12/07/2020 | Brief amicus curiae of American Antitrust Institute filed. (Distributed) |
| 12/07/2020 | Brief amicus curiae of Open Markets Institute filed. (Distributed) |
| 12/07/2020 | Brief amicus curiae of Public Citizen filed. (Distributed) |
| 12/07/2020 | Brief amici curiae of States of Illinois, et al. filed. (Distributed) |
| 12/07/2020 | Brief amici curiae of National Consumer Law Center, et al. filed. (Distributed) |
| 12/07/2020 | Brief amicus curiae of Truth in Advertising, Inc. filed. (Distributed) |
| 12/08/2020 | CIRCULATED |
| 12/09/2020 | The record from the U.S.C.A. 9th Circuit is electronic and located on PACER. |
| 12/30/2020 | Reply of petitioners AMG Capital Management, LLC, et al. filed. (Distributed) |
| 01/13/2021 | Argued. For petitioners: Michael Pattillo, Fernandina Beach, Fla. For respondent: Joel R. Marcus, Washington, D. C. |
| 04/22/2021 | Judgment REVERSED and case REMANDED. Breyer, J., delivered the opinion for a unanimous Court. |
| 05/24/2021 | JUDGMENT ISSUED. |