Axon Enterprises v. FTC (Administrative Jurisdiction)

Send us Fan MailMichelle Cochran and Axon Enterprise each filed a federal district court lawsuit, challenging the constitutionality of the agency proceedings against them in separate enforcement actions initiated in the SEC and the FTC. Both suits were initially dismissed for lack of jurisdiction, but the Fifth Circuit disagreed as to the SEC question, finding that Cochran's claim would not receive "meaningful judicial review" in a court of appeals, was "wholly collateral to the Exchange Act's statutory-review scheme," and fell "outside the SEC's expertise." The Ninth Circuit affirmed the district court's dismissal of Axon's constitutional challenges to the FTC proceeding. HELD: District court's continue to have jurisdiction over federal questions arising from constitutional challenges, notwisthstanding the Securities Exchange Act and Federal Trade Commission Act. Support the show