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CDC Does Not Have Power to Regulate Access to Courts and Its Order Needs to Be Struck Down

CDC Does Not Have Power to Regulate Access to Courts and Its Order Needs to Be Struck Down

by judy.pino@ncla.legal | Apr 9, 2021 | Blog, John J. Vecchione

  NCLA has filed a class-action lawsuit on behalf of housing providers who have been frozen out of state court under penalty of criminal sanction by the Center of Disease Control’s unlawful order preventing access to courts to recover property when a tenant...
Axon Suffers a Defeat in the 9th Circuit but Both Majority and Dissent See the Problem

Axon Suffers a Defeat in the 9th Circuit but Both Majority and Dissent See the Problem

by judy.pino@ncla.legal | Feb 4, 2021 | Blog, John J. Vecchione

  We have discussed Axon v. FTC before and followed it closely since its inception. On January 28, 2021, the Ninth Circuit gave us more to consider. First, a recap is in order. Axon Enterprise, Inc. (Axon) is a corporation that makes law enforcement equipment...
Justices Skeptical of FTC Claim of Vast Powers of Disgorgement in AMG Capital Management, LLC v. FTC

Justices Skeptical of FTC Claim of Vast Powers of Disgorgement in AMG Capital Management, LLC v. FTC

by judy.pino@ncla.legal | Jan 15, 2021 | Blog, John J. Vecchione

  The Supreme Court heard argument in AMG Capital Management, LLC v. FTC this week. The FTC can’t be happy with how it went. On the Covid-required Zoom-call format, Justice Roberts can and does keep much closer rein on time and interruptions. With all the...
An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel

An Insidious Consequence of the FTC’s Use of Section 13(b) Injunctions: Denial of Counsel

by judy.pino@ncla.legal | Oct 15, 2020 | Blog, John J. Vecchione

  I’ve previously written on the Supreme Court’s taking two cases involving the extent of the Federal Trade Commission’s (FTC) ability to seize property of all kinds under Section 13(b) of the FTC Act. Those cases, FTC v. Credit Bureau Center, LLC, CA19-825, and...
Will the FTC Face a Reckoning in the Supreme Court?

Will the FTC Face a Reckoning in the Supreme Court?

by judy.pino@ncla.legal | Jul 16, 2020 | Blog, John J. Vecchione

On July 9, 2020, the Supreme Court granted certiorari in two closely watched FTC cases. The two cases FTC v. Credit Bureau Center, LLC, and AMG Capital Management, LLC, et al. v. FTC are poised to determine whether a power the FTC has developed through the slow...
SCOTUS Rules to Reduce SEC’s Disgorgement Powers, But it Doesn’t Go Far Enough

SCOTUS Rules to Reduce SEC’s Disgorgement Powers, But it Doesn’t Go Far Enough

by judy.pino@ncla.legal | Jun 25, 2020 | Blog, John J. Vecchione

While the Supreme Court’s ruling to reduce the SEC’s power to inflict so-called “disgorgement’ penalties on its targets is welcome news, it is disappointing that it did not go further. In a narrow win for the Petitioners the Supreme Court held:...
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