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ARTICLE · 27 JANUARY 2022

Supreme Court To Consider Axon's FTC Challenge

Morrison Foerster
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James Sigel spoke to Global Competition Review about the U.S. Supreme Court agreeing to look at whether body camera manufacturer Axon can challenge the...

United StatesLitigation, Mediation & Arbitration

James Sigel spoke to Global Competition Review about the U.S. Supreme Court agreeing to look at whether body camera manufacturer Axon can challenge the constitutionality of the Federal Trade Commission before its administrative trial.

According to James, it would have been surprising for the Supreme Court to take Axon's case without the Fifth Circuit's split in December.

Still, split precedent from just a single appellate court is often not enough to justify Supreme Court review, James said. Because the justices were willing to take the case with only one conflicting appellate court ruling, coupled with the fact that the Supreme Court usually reverses the decisions it reviews, the tea leaves point towards a win for Axon, James added.

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