· 2/10/1983
General Finance Corporation, Postal Finance Company, and Barclaysamericancorporation v. Federal Trade Commission
Citations
- 700 F.2d 366
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding Leedom did not provide an exception to the final agency action rule in the matter under review because, in part, “it is uncertain whether the [FTC] exceeded its authority”
- FTC not acting in brazen defiance of statute where it uncertain whether Commission exceeded authority and where Commission did not flout clear legislative directive
- FTC not acting in brazen defiance of statute where it uncertain whether Commission exceeded authority and where Commission did not flout clear legislative directive
- “You may not bypass the specific method that Congress has provided for reviewing adverse agency action simply by suing the agency in federal district court….”
- “The jurisdiction of the federal courts to review administrative action is codified in the Administrative Procedure Act.”
- plaintiffs have an alternative remedy in the FTC enforcement action by successfully defending themselves and therefore cannot rely on general jurisdictional statutes
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Wood, Posner
Read full opinion on CourtListenerSourced 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.