Grolier Inc. v. Federal Trade Commission
United States Court of Appeals for the Ninth Circuit
615 F.2d 1215 (1980)
- Written by Jack Newell, JD
Facts
Grolier Incorporated (plaintiff), which sells encyclopedias and reference materials, was issued an administrative complaint by the Federal Trade Commission (FTC) (defendant) for unfair competition, among other violations of law. The presiding administrative-law judge was Theodore von Brand. Von Brand had previously worked as an advisor to the chairman of the FTC. His tenure as an advisor took place at the same time that Grolier was being investigated by the FTC. Grolier claimed that under the Administrative Procedure Act, von Brand could not render a decision because he was not a neutral decisionmaker, having had a prior investigative function in the case. The FTC denied Grolier’s request to remove the judge from the case. Grolier appealed to the Ninth Circuit, seeking to have von Brand removed.
Rule of Law
Issue
Holding and Reasoning (Wallace, J.)
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