Logourl black
From our private database of 14,200+ case briefs...

Association of National Advertisers, Inc. v. Federal Trade Commission

United States Court of Appeals for the District of Columbia Circuit
627 F.2d 1151 (D.C. Cir. 1979), cert. denied, 447 U.S. 921 (1980)


Facts

The Association of National Advertisers, Inc. (ANA) (plaintiffs) brought suit in the United States District Court for the District of Columbia to prohibit Michael Pertschuk, Chairman of the Federal Trade Commission (FTC) (defendant), from participating in a pending rulemaking proceeding concerning children’s advertising. Based on remarks that Pertschuk had made before the rulemaking was announced, the ANA argued that Perschuk had prejudged the issues and should be disqualified. It argued that the applicable standard for disqualification was that set forth in Cinderella Career & Finishing Schools, Inc. v. FTC, 425 F.2d 583 (D.C. Cir. 1970), which held that the standard for disqualification of an administrator in an adjudicatory proceeding is when “a disinterested observer may conclude that [the decisionmaker] has in some measure prejudged the facts as well as the law of a particular case in advance of hearing it.” The district court found that Pertschuk had prejudged issues involved in the rulemaking and ordered him disqualified. The FTC appealed.

Rule of Law

Issue

Holding and Reasoning (Tamm, J.)

Concurrence (Leventhal, J.)

Concurrence/Dissent (MacKinnon, J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 241,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 14,200 briefs, keyed to 189 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.