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F.T.C. v. DIRECT MARKETING CONCEPTS, INC.

No. 09-2172.

624 F.3d 1 (2010)

FEDERAL TRADE COMMISSION, Plaintiff, Appellee, v. DIRECT MARKETING CONCEPTS, INC., d/b/a Today's Health and Direct Fulfillment; ITV Direct, Inc., d/b/a Direct Fulfillment; Donald W. Barrett; Robert A. Maihos; BP International, Inc., Defendants, Appellants, Healthy Solutions, LLC, d/b/a Direct Business Concepts; Health Solutions, Inc.; Alejandro Guerrero, d/b/a Alex Guerrero; Michael Howell; Greg Geremesz; Triad ML Marketing, Inc.; King Media, Inc.; Allen Stern; Lisa Stern; Steven Ritchey, Defendants.

United States Court of Appeals, First Circuit.

Decided October 21, 2010.

Attorney(s) appearing for the Case

Peter S. Brooks , with whom Susan W. Gelwick , Christopher F. Robertson , and Seyfarth Shaw LLP were on brief, for appellants.

Lawrence DeMille-Wagman , Assistant General Counsel for Litigation, Federal Trade Commission, with whom Willard K. Tom , General Counsel, and John F. Daly , Deputy General Counsel for Litigation, were on brief, for appellee.

Before BOUDIN, DYK, and THOMPSON, Circuit Judges.

THOMPSON, Circuit Judge.

The Defendants in this case made millions off infomercials shilling purported panaceas, products that they claimed cured literally every disease, from cancer to Parkinson's to obesity. Having been ordered to restore these millions to the customers they deceived, the Defendants now raise a multitude of challenges to two decisions of the district court: first, the court's grant of summary judgment in favor of the plaintiff Federal Trade Commission...

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