Trudeau v. Federal Trade Commission

Issue: (1) Whether a district court exercising inherent equitable power may impose a monetary sanction in an amount that exceeds the defendant’s unjust enrichment (as the Seventh, Eighth, and Ninth Circuits have held, in conflict with the Second, Third, and Eleventh Circuits); (2) whether the standard of Rufo v. Inmates of Suffolk County Jail – which held that Federal Rule of Civil Procedure 60(b)(5) permits modifying consent decrees based on a “significant change in circumstances” – applies to all modification requests (as the First, Sixth, and Ninth Circuits have held), only those made by defendants (as the Third and D.C. Circuits have held), only those in institutional reform cases (as the Federal Circuit has held), only those in cases affecting the public interest (as the Second Circuit has held), or only those made by defendants in institutional reform cases (as the Seventh Circuit held here); and (3) whether advertisements for a book that extensively quote the book are “inextricably intertwined” with fully protected speech and thus entitled to full First Amendment protection.