News & Analysis as of

Due Process › Right to a Jury

Fisher Phillips

Could SpaceX Change the Labor Board’s Future? Here’s What Employers Need to Know

Fisher Phillips on

SpaceX is challenging whether the National Labor Relations Board should continue to exist as we know it. In two separate lawsuits, the aerospace company has asked a federal court to strike down the agency’s structure as...more

UB Greensfelder LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part II

UB Greensfelder LLP on

This is the second part of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

UB Greensfelder LLP

The Seventh Amendment Right to Jury for Violations of the Commodity Exchange Act – Part I

UB Greensfelder LLP on

This is the first of a two-part article discussing a defendant’s Seventh Amendment right to jury in an enforcement action by the Commodity Futures Trading Commission under the Commodity Exchange Act for civil monetary...more

Carlton Fields

Supreme Court Declines to Review Constitutionality of SEC In-House Court

Carlton Fields on

The SEC’s increased use of its own "home court" for enforcement proceedings has triggered constitutional challenges to SEC administrative proceedings (APs). See "Defendants Challenge SEC’s Increased Use of Administrative...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 2

WilmerHale on

This is the second of four articles examining the scope of the Seventh Amendment jury trial right for civil defendants in U.S. Securities and Exchange Commission enforcement actions. The previous article explained why the...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 1

WilmerHale on

It has been settled law for some time now that the Seventh Amendment right to a jury trial in U.S. Securities and Exchange Commission enforcement actions extends to liability determinations. Unsettled is the question of...more

McDonnell Boehnen Hulbert & Berghoff LLP

PTAB Update -- The Constitutionality Edition - MCM Portfolio LLC v. Hewlett-Packard Co. (Fed. Cir. 2015)

McDonnell Boehnen Hulbert & Berghoff LLP on

In a decision that likely came as no surprise to anyone, the Federal Circuit upheld the constitutionality of IPR proceedings as provided for by the America Invents Act. With an analysis of two pre-1900 Supreme Court cases...more

Knobbe Martens

Federal Circuit Finds IPRs Constitutional

Knobbe Martens on

Yesterday, in MCM Portfolio LLC v. Hewlett-Packard Company, the Federal Circuit found inter partes reviews constitutional. HP filed for inter partes review (IPR) of several of the claims of MCM’s patent. MCM argued that...more

Cozen O'Connor

Covenant Judgments in Washington – Reasonableness Determined on Five Days’ Notice to the Insurer and Without a Jury: Bird v. Best...

Cozen O'Connor on

In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more

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