JD Supra

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

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 ...
JournalofAccountancy

FBAR penalty case dismissed on constitutional grounds

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 ...
JD Supra

Jarkesy Challenges Reach State Administrative Proceedings, but Seventh Amendment Still Stops at Federal Line

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 ...
SCOTUSblog

Justices to hear argument on right to jury trial in FCC proceedings

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, ...

4th Circuit Rules Express Scripts Entitled to Jury Trial in Opioid Lawsuit

The Seventh Amendment entitles litigants to a jury trial unless the claim would have been heard, and the remedy awarded, by ...