United States Seventh Circuit

District court's judgment is affirmed in part and reversed in part where: 1) district court did not err in finding defendant in contempt as he failed to diligently comply with the Consent Order banning him from appearing in infomercials for any product or misrepresenting contents of books; 2) district court's $37.6 million sanction is vacated and remanded with instructions that the district court must explain why it chose the calculation method it did, show how the record supports its calculations, and outline how the sanction should be administered; 3) district court's ruling banning infomercials is vacated and remanded as there is no indication in the record that defendant had any notice that the court was considering such a broad sanction as an outright ban; and 4) defendant is not entitled to any special process on remand regarding the sanction.

Appellate Information

• Argued 05/14/2009
• Decided 08/27/2009
• Published 08/27/2009

Judges

• TINDER, Circuit Judge., Before RIPPLE, MANION, and TINDER, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• C. Steven Baker, Attorney, Federal Trade Commission, Chicago, IL, Lawrence Demille-Wagman, Attorney (argued), Federal Trade Commission Office of the General Counsel, Washington, DC, for Plaintiff-Appellee., Kimball R. Anderson, Attorney (argued), Lisa J. Parker, Winston & Strawn LLP, Chicago, IL, for Defendant-Appellant.