United States v. Louisiana-Pacific Corporation

BEEZER, Circuit Judge:

The United States brought this action on behalf of the Federal Trade Commission (“FTC”). The FTC sought a civil penalty assessment against Louisiana-Pacific Corporation (“L-P”) for L-P’s failure to comply with a consent order entered by the FTC. L-P filed a counterclaim alleging that the FTC had violated section 5(b) of the Federal Trade Commission Act, 15 U.S.C. § 45(b), by refusing to reopen the consent order after L-P had petitioned for reopening. The district court granted the FTC’s motion for a summary judgment on the counterclaim and ultimately assessed a civil…