Right to a Jury

News & Analysis as of

The Scope Of SEC Defendants' Jury Trial Right: Part 4

This is the last of four articles examining the scope of the Seventh Amendment jury trial right as applied to the facts that set the maximum monetary penalty a judge may impose against a civil defendant in a U.S. Securities...more

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

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

The Scope Of SEC Defendants' Jury Trial Right: Part 3

This is the third 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. Our first article explained why the Seventh...more

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

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

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

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

Business Litigation Report - June 2016

Federal Circuit Recognizes New, but Limited, Privilege for Patent Agent Communications - Introduction - Patent agents are licensed to practice before the United States Patent and Trademark Office (“USPTO”), and...more

June 2016: Trial Practice Update

Jury Selection—Batson v. Kentucky Is Alive and Well. Last month the United States Supreme Court issued its long-awaited decision in Foster v. Chatman, 578 U.S. (2016), reaffirming its 30-year-old decision in Batson v....more

Hill v. SEC: Eleventh Circuit Buries District Court Challenges to the Constitutionality of SEC Enforcement Actions

Last week, the United States Court of Appeals for the Eleventh Circuit held that a district court cannot hear constitutional challenges to an ongoing administration enforcement action of the U.S. Securities and Exchange...more

How to Avoid Jury Duty

Seriously? Why? If you are trying to avoid jury duty, I urge you to keep reading and reconsider your intention. As citizens of the USA, we can fulfill civic duties in three important ways: serving in the military, voting, and...more

No right to jury trial in foreclosure, even where lender seeks money judgment on promissory note

Given the choice, a borrower in foreclosure may prefer that a jury determine her fate, rather than a judge.  But by statute, “[a]ll mortgages shall be foreclosed in equity” and “foreclosure claim[s] shall, if tried, be tried...more

Is Evidence of Juror Bias in Deliberations Admissible? Supreme Court to Decide

What happens in the jury room, stays in the jury room. Except when it doesn’t. Earlier this month, the Supreme Court agreed to hear the appeal of a Colorado man whose counsel learned, after the guilty verdict was rendered,...more

Waive Goodbye to Juries

The right to a trial by jury is considered a fundamental right in Connecticut. However, our Supreme Court has held that this right is subject to certain limitations. Indeed, the right to a jury may be specifically waived by...more

The Supreme Court - April 2016

The Supreme Court of the United States issued decisions in two cases on April 4, 2016: - Evenwel v. Abbott, No. 14-940: In this legislative redistricting case, certain voters brought a challenge to the redistricting in...more

Challenge to the Constitutionality of the Post-Grant Review Process, Thwarted

“In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved…” unless the controversy involves the validity of a patent as determined by the Patent and...more

You Should Know - December 2015

Presenting America’s 2015 Top Safety and Justice Stories - Add one very special gift to your holiday list this year courtesy of the American civil justice system: safer products and services. Whether we’re talking the...more

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

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

Federal Circuit Finds IPRs Constitutional

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

Federal Circuit Holds Inter Partes Reviews Are Constitutional

The United States Court of Appeals for the Federal Circuit held today in MCM Portfolio LLC v. Hewlett-Packard Co. that inter partes review proceedings before the Patent Trial and Appeal Board are constitutional, rejecting MCM...more

Supreme Court of Missouri Upholds Health Care Affidavit Statute for Medical Malpractice Claims

Lang v. Goldsworthy, 2015 WL 5936587 (Mo.banc. October 13, 2015) The Supreme Court of Missouri, en banc, affirmed a trial court’s decision to dismiss a wrongful death action premised on medical malpractice because the...more

Five Advantages to Section 18 – A New Weapon for Institutions

Section 18 of the Securities Exchange Act, while seldom used in the past, has been increasingly used by institutional investors in suits against banks and other entities. The advantages of Section 18 are as follows...more

"Order on Confusion": District Court Orders Parties to Submit Jury Instructions "in Plain Language" or Waive Right to Jury Trial

In this patent infringement action between i-Tec Well Soultions, LLC ("i-Tec") and Peak Completion Technologies, Inc. ("Peak"), the district court issued an unusual order as the case approached trial....more

No Right to Jury Trial for Consumer Fraud Claim in Pennsylvania

The Pennsylvania Supreme Court recently refused to grant plaintiffs' request to review a Superior Court decision in December 2012 that held there is no right to a jury trial for claims brought under Pennsylvania's Unfair...more

July 2013: Trial Practice Update

Second Circuit Judge Advocates for System to Certify Questions of Foreign Law. In its recent decision reversing Citigroup’s jury win over Terra Firma, the Second Circuit Court of Appeals found the trial court misapplied...more

Having no standard jury trial waiver form is bad form

The New Jersey court system relies upon a straggling variety of standard forms used each day for a variety of purposes. In criminal cases, there are standard forms used to memorialize the arraignment of a defendant on a new...more

California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

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