United States Second Circuit

Judgment of liability for a deceptive and unfair trade practice in violation of 15 U.S.C. section 45(a)(1) is upheld over claims that the district court lacked subject-matter jurisdiction, and the FTC did not prove each of the elements required for relief. Monetary judgment is vacated because the court misidentified the baseline for restitutionary relief and prematurely shifted the burden of proof to defendants.

Appellate Information

• Decided 03/27/2006
• Published 03/28/2006

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, FEINBERG and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellees:
  
• Marilyn E. Kerst (William Blumenthal and John F. Daly, on the brief;  David M. Torok and Lawrence Hodapp, of counsel), Federal Trade Commission, Washington, DC, for Plaintiff-Appellee., John J.D. McFerrin-Clancy (Jeffrey M. Eilender, on the brief), Schlam Stone & Dolan, New York, NY, for Defendant-Appellant and Defendants-Third-Party-Plaintiffs-Appellants.