Tag Archives: Legal Remedy

Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit

In Consumer Financial Protection Bureau v. CashCall, Inc., No. 23-55259 (9th Cir. Jan. 3, 2025), the Ninth Circuit holds the defendant to its express waiver of a Seventh Amendment jury right, affirming an award of more than $134 million in legal restitution against it. The panel declines to excuse the jury waiver on the groundContinue reading “Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit”