Topic
Equitable Relief
115 published works
Roberts Disability Law Blog
Fifth Circuit Affirms Denial of Retirement Benefits and Dismissal of ERISA-estoppel Claim
In Clark v. Certainteed Salaried Pension Plan, et al., No. 20-30059, __F.App’x__, 2021 WL 2620557 (5th Cir. June 24, 2021), Plaintiff-Appellant Terry Clark sought retirement benefits under the Saint-Gobain Retirement…
Consumer Finance Monitor
FTC Acting Chairwoman Slaughter responds to trade group’s letter on proposed amendments to FTC Act Section 13(b)
Earlier this week, FTC Acting Chairwoman Rebecca Kelly Slaughter sent a letter to the Chair and Ranking Member of the House Commerce Committee responding to a letter sent to the…
Boom: The ERISA Law Blog
ERISA 502(a)(3) Claims: Congress Never Thought the Phrase “Equitable Relief” Included Money Damages
By Mike Reilly
You know that a claimant must exhaust administrative remedies before filing a suit. But is an appeal “optional” when the denial letter says that claimant “may request a second level…
Drug & Device Law
Possibly Off-the-Wall Ideas Triggered by Recent Cases
By Bexis
One of the intriguing things about cases decided by a jurisdiction’s highest court is that pronouncements by such courts can often have far-reaching implications. Sometimes they pan out, as the…
AD-ttorneys Law Blog
SCOTUS: No Equitable Monetary Relief for FTC Under § 13(b)
By Linda A. Goldstein, Matthew Renick
Well, the buck stops here (for now). Last week, in AMG Capital Management, LLC v. Federal Trade Commission, the Supreme Court unanimously ruled that Section 13(b) of the Federal Trade…
Supreme Court Update
Jones v. Mississippi (No. 18-1259), AMG Capital Management LLC v. FTC (No. 19-508), Carr v. Saul (No. 19-1442)
By Tadhg Dooley, David R. Roth
Last Thursday, the Court issued three decisions in argued cases. In Jones v. Mississippi (No. 18-1259), a heavily divided Court pared back its prior decision in Miller v. Alabama (2012),…
Cov Financial Services
Supreme Court Ruling Complicates FTC’s Ability to Obtain Consumer Redress
By Covington Financial Services
On April 22, the Supreme Court unanimously ruled in AMG Capital Management v. Federal Trade Commission that § 13(b) of the Federal Trade Commission (“FTC”) Act does not authorize the…
Privacy & Information Security Law Blog
Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief
As reported on Hunton’s Retail Law Blog, on April 22, 2021, the U.S. Supreme Court unanimously held in a highly-anticipated case, AMG Capital Management, LLC v. FTC, that the Federal…
Hunton Retail Law Resource
In a Rebuke to Longstanding FTC Approach, Supreme Court Rules FTC Cannot Rely on “Injunction” Provision to Obtain Equitable Monetary Relief
In 1973, Congress amended the FTC Act by adding §13(b), giving the Federal Trade Commission equitable powers to remediate any violation of any law under its purview. Using that power,…
Ad Law Access
Supreme Court Finds Section 13(b) Does Not Allow for Monetary Remedies
This morning, the Supreme Court released its long-awaited opinion in AMG Capital Management v. FTC. Judge Breyer issued the decision for a unanimous Court. As we had predicted following oral…