Jarkesy Round 2

Based on the Supreme Court’s recent Jarkesy opinion about jury-trial rights and administrative tribunals, the Fifth Circuit required a deceptive-advertising claim to proceed before a jury in Intuit v. FTC:

Caselaw from soon after the passage of the FTC Act reflects a widespread understanding that the statute encompassed common law actions for “deceit,” “fraud,” and “unfair use.” Deceptive advertising claims enforceable by the FTC arose from these traditional concepts. As former FTC Chair Timothy Muris put it, the Commission “help[s] to reinforce the common law rules of exchange” when it acts under its authority to “stop unfair or deceptive acts or practices.” Precedent, particularly the Jarkesy decision, confirms that FTC’s adjudication of deceptive advertising claims does not involve public rights, and the agency must therefore redress deceptive advertising in Article III courts. 

No. 24-60040-CV, March 20, 2026 (citation omitted) (Editor’s Note: as for the above picture of a 1790s-era jury, I tried, but ChatGPT can only conjure up so much diversity when it comes to hats and Colonial neckwear.)