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Trudeau v. Federal Trade Commission

Petition for certiorari denied on October 9, 2012
Docket No. Op. Below Argument Opinion Vote Author Term
12-6 7th Cir. N/A N/A N/A N/A OT 2012

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.

DateProceedings and Orders
Apr 19 2012Application (11A1005) to extend the time to file a petition for a writ of certiorari from April 29, 2012 to June 28, 2012, submitted to Justice Kagan.
Apr 23 2012Application (11A1005) granted by Justice Kagan extending the time to file until June 28, 2012.
Jun 28 2012Petition for a writ of certiorari filed. (Response due August 1, 2012)
Jul 24 2012Order extending time to file response to petition to and including August 31, 2012.
Aug 1 2012Brief amicus curiae of Cato Institute filed.
Aug 27 2012Brief of respondent Federal Trade Commission in opposition filed.
Sep 11 2012Reply of petitioner Kevin Trudeau filed.
Sep 12 2012DISTRIBUTED for Conference of October 5, 2012.
Oct 9 2012Petition DENIED.
Term Snapshot