The United States Court of Appeals for the 5th Circuit dismissed on Feb. 28 the Louisiana Real Estate Appraisers Board’s petition for review of a Federal Trade Commission decision that disallowed the LREAB from asserting its state-action immunity defense in ongoing administrative proceedings. The court ruled that it did not have jurisdiction to consider the petition. A stay of action by the FTC has been in place pending the outcome of the review petition.
In dismissing the petition, the court noted that the Federal Trade Commission Act only allows it to review cease and desist orders issued by the FTC, stating, “The Commission’s order denying the Board’s motion to dismiss and granting the FTC’s motion for partial summary decision is not a cease and desist order, [so] the statute does not expressly authorize us to exercise jurisdiction here.”
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