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Constitutional Challenges Telecommunications Seventh Amendment

Wiley Rein LLP

Fifth Circuit Strikes Down FCC Forfeiture Order, Holds That It Violates Seventh Amendment Right to a Jury Trial

Wiley Rein LLP on

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 civil penalties against...more

Venable LLP

Fifth Circuit Decision Vacating FCC Fine Against AT&T Makes It More Difficult for Federal Agencies to Impose Monetary Penalties...

Venable LLP on

The Fifth Circuit on April 17 vacated a $57 million FCC forfeiture against AT&T, ruling the agency violated the company’s Seventh Amendment right to a jury trial under the Supreme Court’s 2024 decision in SEC v. Jarkesy. ...more

Fox Rothschild LLP

Another Civil Penalty Falls under Jarkesy – What’s Next?

Fox Rothschild LLP on

On April 17th, the Fifth Circuit Court of Appeals held that an FCC penalty violates the Seventh Amendment based on the Supreme Court’s landmark ruling in SEC v. Jarkesy. The Seventh Amendment provides for the...more

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