Tag Archives: Seventh Amendment

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”

State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit

In In re Greg Abbott, No. 24-50620 (5th Cir. Sept. 20, 2024), the Fifth Circuit denies mandamus in a case where Texas unsuccessfully demanded for a jury trial in a suit by the United States to remove a 1000-foot border obstruction. The panel holds that the state has no demonstrated Seventh Amendment right to aContinue reading “State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit”

Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict

In Salamone v. Douglas Marine Corp., No. 21-1331 (2d Cir. Aug. 8, 2024), the Second Circuit affirms a jury verdict in a state-law contract case, but reverses the district court’s post-verdict tripling of the damages, holding that the plaintiff forfeited a challenge to the jury’s calculation and there was no fundamental error warranting judicial interventionContinue reading “Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict”

Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion

In Rossbach v. Montefiore Med. Cntr., No. 21-2084 (2d Cir. Aug. 28, 2023), the Second Circuit joins other courts in holding that the Seventh Amendment does not require a jury trial to evaluate a claim of evidence fabrication and spoliation under Fed. R. Civ. P. 37(e) and 28 U.S.C. § 1927. The district court dismissedContinue reading “Second Circuit Holds That Party Accused of Fabricating Evidence is Not Entitled to a Jury Trial on a Fed. R. Civ. P. 37(e) Sanctions Motion”

In Mixed Jury-Bench Trial, Third Circuit Holds That District Court Properly Rejected Advisory Jury Verdict for Defendant on an ERISA Retaliation Claim and Granted Judgment to Plaintiff

In Kairys v. Southern Pines Trucking Inc., No. 22-1783 (3d Cir. July 25, 2023), the Third Circuit holds that a district court’s bench ruling on an ERISA retaliation claim—rejecting an advisory jury verdict for the defendant and granting judgment to the plaintiff—did not conflict with the jury’s factual findings related to other plaintiff’s employment claims.Continue reading “In Mixed Jury-Bench Trial, Third Circuit Holds That District Court Properly Rejected Advisory Jury Verdict for Defendant on an ERISA Retaliation Claim and Granted Judgment to Plaintiff”

Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)

In Thomas v. Broward County Sheriff’s Office, No. 22-11322 (11th Cir. June 22, 2023), the Eleventh Circuit holds in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case that the district court was required to accept a finding of a willful violation entered by the jury on a special interrogatory when the parties consentedContinue reading “Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)”

New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.

In Sowers v. R.J. Reynolds Tobacco Co., No. 18-11901 (11th Cir. Sept. 15, 2020), where the defendant did not dispute that the plaintiff was erroneously denied a punitive-damage trial, the court holds that the Seventh Amendment Reexamination Clause does not command a retrial of liability. Sowers is an “Engle progeny” action, a case emerging fromContinue reading “New Trial of Punitive Damages in Tobacco Case Does Not Necessitate Retrying Liability or Compensatory Damages from First Trial, Eleventh Circuit Holds.”