Association of National Advertisers, Inc. v. Federal Trade
Commission case brief summary
627 F.2d 1151 (D.C. Cir. 1979), cert. denied, 447 U.S. 921 (1980)
CASE FACTS
Appellees, advertising agencies and toy manufacturers, sought to prohibit chairman of appellant Commission from participating in a pending rulemaking proceeding under the Federal Trade Commission Act, § 18, Magnuson-Moss Warranty Federal Trade Commission Improvement Act of 1975, 15 U.S.C.S. § 57a, concerning children's advertising, because of a speech delivered by the chairman prior to the proceeding. The district court found that the chairman had prejudged the issues involved in the rulemaking, granted appellees summary judgment motion, and ordered the chairman disqualified.
DISCUSSION
OUTCOME
The court reversed the district court. Because this was a rulemaking proceeding not an adjudicatory proceeding, there was a different standard for disqualification of a decisionmaker in these two proceedings. Appellees failed to show, by clear and convincing evidence, that he chairman had an unalterably closed mind on matters critical to the disposition of the rulemaking proceeding.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
627 F.2d 1151 (D.C. Cir. 1979), cert. denied, 447 U.S. 921 (1980)
CASE SYNOPSIS
Appellant, the Federal Trade
Commission, sought review of an order of the United States District
Court for the District of Columbia in the United States Court of
Appeals, District of Columbia Circuit, which disqualified appellant's
chairman from a rulemaking proceeding under15 U.S.C.S. § 57a because
of a speech made prior to proceeding.CASE FACTS
Appellees, advertising agencies and toy manufacturers, sought to prohibit chairman of appellant Commission from participating in a pending rulemaking proceeding under the Federal Trade Commission Act, § 18, Magnuson-Moss Warranty Federal Trade Commission Improvement Act of 1975, 15 U.S.C.S. § 57a, concerning children's advertising, because of a speech delivered by the chairman prior to the proceeding. The district court found that the chairman had prejudged the issues involved in the rulemaking, granted appellees summary judgment motion, and ordered the chairman disqualified.
DISCUSSION
- On appeal, the court reversed, holding that the Cinderella standard was not applicable, as this was a rulemaking proceeding.
- Appellees failed to show, by clear and convincing evidence, that the chairman had an unalterably closed mind on matters critical to disposition of the proceedings.
OUTCOME
The court reversed the district court. Because this was a rulemaking proceeding not an adjudicatory proceeding, there was a different standard for disqualification of a decisionmaker in these two proceedings. Appellees failed to show, by clear and convincing evidence, that he chairman had an unalterably closed mind on matters critical to the disposition of the rulemaking proceeding.
Recommended Supplements for Administrative Law Examples & Explanations: Administrative Law, Fourth Edition
Administrative Law and Process: In a Nutshell (Nutshell Series)
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