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· 1/16/2013

Federal Trade Commission v. Washington Data Resources, Inc.

Citations

  • 704 F.3d 1323
  • 2013 WL 163416
  • 2013 U.S. App. LEXIS 1078

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that where liability is established for “violation[s] of section 5(a) and the TSR, the FTC [is] entitled to seek relief under both section 13(b), 15 U.S.C. § 53(b), and section 19(b), 15 U.S.C. § 57b, of the FTC Act.”
  • explaining it is an abuse of discretion if a court bases its decision on findings of fact that are clearly erroneous
  • considering the low \economic barriers to enter\ a certain industry when enjoining the defendants from participating in that industry in the future
  • ‘-‘[D]efendants in a disgorgement action are not entitled to deduct costs associated with committing their illegal acts.” (quotation omitted)
  • “We agree with our sister circuits and today hold that the amount of net revenue (gross receipts minus refunds), rather than the amount of profit (net revenue minus expenses), is the correct measure of unjust gains under section 13(b)”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hull, Wilson, Jordan

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.