Gugliuzza v. FTC

This case stemmed from the FTC's successful enforcement action against debtor and his former company, Commerce Planet, for violation of the FTC Act, 15 U.S.C. 45(a). On appeal, debtor challenged the district court's order reversing the bankruptcy court's grant of summary judgment and remanding for further fact-finding. The court concluded that it lacked jurisdiction under 28 U.S.C. 1291 because the district court's order did not end the litigation on the merits and leave nothing for the district court to do but execute the judgment; the court lacked jurisdiction under 28 U.S.C. 1292 because the district court did not certify its decision for interlocutory review; the court lacked jurisdiction under 28 U.S.C. 158(d)(1) where the district court's ruling did not end the discrete proceeding before it, namely the FTC's adversary action; and the court explained that Bullard v. Blue Hills Bank compelled the conclusion that rulings in bankruptcy cases that neither end a case nor a discrete dispute, but rather remand for further fact-finding on a central issue, were not final for purposes of section 158(d). Accordingly, the court dismissed the appeal based on lack of jurisdiction. View "Gugliuzza v. FTC" on Justia Law