On March 2, the U.S. Supreme Court denied a petition for a writ of certiorari in a case challenging a 9th Circuit ruling that upheld a $134 million restitution award to the CFPB. As previously covered by InfoBytes, the petition sought review of whether a claim for legal restitution triggers the Seventh Amendment right to a jury trial and whether a litigant may validly waive a constitutional right when prevailing circuit precedent forecloses its exercise. The restitution award stemmed from allegations that interest and fees were collected on loans void under state law, with the district court calculating restitution based on net revenues and the 9th Circuit affirming that approach (covered by InfoBytes here). The denial leaves intact the 9th Circuit’s conclusion that no form of restitution triggers the right to a jury trial, despite arguments that this conflicts with Supreme Court precedent and other circuit decisions.
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