On April 17, 2025, the Fifth Circuit issued an opinion (“Op.”) holding unconstitutional a Federal Communications Commission (FCC or Commission) enforcement order. In that order, the Commission imposed ...

The Seventh Amendment entitles litigants to a jury trial unless the claim would have been heard, and the remedy awarded, by courts of equity at the Founding," Judge Julius Richardson wrote for the ...

The post-Jarkesy litigation landscape is developing as anticipated. Litigants are increasingly invoking the Supreme Court’s decision in SEC v. Jarkesy (No. 22-859) to challenge the constitutionality ...

Type to search articles, cases, and authors. Press ↵ to view all results. The Seventh Amendment guarantees a right to a jury trial in “suits at common law” – that is, lawsuits seeking legal remedies, ...

The Seventh Amendment gives people a constitutional right to a jury trial in civil cases seeking money damages. The Supreme Court held that incarcerated plaintiffs have a right to a jury trial on ...

'Devastating Blow': Divided Supreme Court Says SEC Cannot Seek Fines In-House Justice Sonia Sotomayor, in dissent, said court's broad reading of the Seventh Amendment right to jury trial could affect ...

In a Report of Foreign Bank and Financial Accounts (FBAR) proceeding, a district court dismissed the government’s suit to enforce FBAR penalties, holding that the government had violated the ...