FEDERAL TRADE COMMISSION
v.
FRANCIS FORD, INC.

U.S. | 1982-11-08
No. 82-24
Justice White and Justice O’Connor would grant certiorari.
459 U.S. 999 Supreme Court of the United States (1982) Negative Treatment
Cited by 12 cases

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  • Woods v. United States, 724 F.2d 1444 (9th Cir. 1984)
    …an adjudicative setting and establishes rules of widespread application, we have held that an agency may enforce violations of exist [*1449] ing laws through adjudication. See Ford Motor Co. v. FTC, 673 F. 2d 1008, 1009 (9th Cir.1981), cert. denied, 459 U.S. 999, 103 S.Ct. 358, 74 L.Ed.2d 394 (1982). A number of other circuits have addressed the availability of a common law recoupment power as well. In Jacquet v. Westerfield, 569 F. 2d 1339, 1345 (5th Cir.1978), the Fifth Circuit held that the power to dis…
  • Dunn v. Gannett N.Y. Newspapers, Inc., 833 F.2d 446 (3d Cir. 1987)
    …9 N.J. 62, 444 A. 2d 1086, 1088 (1982). It is the function of the court, and not the factfinder, to decide if the contested statement is defamatory on its face. Lawrence v. Bauer Pub. & Printing, Ltd., 89 N.J. 451, 446 A. 2d 469, 473, cert. denied, 459 U.S. 999, 103 S.Ct. 358, 74 L.Ed.2d 395 (1982). Words that subject a person to ridicule, hatred, or contempt or which “clearly ‘sound to the disreputation’ of an individual,” are defamatory on their face. Id. If the language at issue is capable of both a def…
  • …ply New Jersey law. Under New Jersey law “words that clearly ‘sound to the disreputation’ of an individual are defamatory on their face.” Lawrence v. Bauer Publishing & Printing Ltd., 89 N.J. 451, 446 A. 2d 469, 473 (citation omitted), cert. denied, 459 U.S. 999, 103 S.Ct. 358, 74 L.Ed.2d 395 (1982). Where the language can be interpreted in both a defamatory and nondefamatory manner, the question is one for the jury to decide. Id; see also Marcone, 754 F. 2d at 1078. But where a statement is “not reasonably…

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