Federal Rules of Civil Procedure, Seventh Amendment

Federal Circuit Vacates $300 Million Damages Award Due To Flawed Verdict Form

A&O Shearman on 7/2/2025

On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to...more

Supreme Court: SEC Cannot Force Defendants in Civil-Penalty, Antifraud Enforcement Actions To Litigate Before the Commission...

Lowenstein Sandler LLP on 7/19/2024

The U.S. Supreme Court recently decided SEC v. Jarkesy. That decision held that individuals subject to U.S. Securities and Exchange Commission (SEC or Commission) enforcement actions in which the SEC seeks civil penalties for...more

The Consequential Impact of the Supreme Court’s Monumental Ruling in SEC v. Jarkesy

Paul Hastings LLP on 7/12/2024

On June 27, 2024, the Supreme Court of the United States issued its decision in SEC v. Jarkesy, holding that the Securities and Exchange Commission (“SEC”) must prosecute securities fraud before a federal court whenever it...more

The Fifth Circuit Sides With Justinian and Blackstone

Allen Matkins on 5/20/2022

As has been widely reported, the Fifth Circuit Court of Appeals this week addressed the legal status of the administrative courts of the Securities and Exchange Commission. In short, the Court held...more

FAA Procedures Supersede the Federal Rules in Judicial Proceedings Concerning Arbitrability; Then The Courts Make It Complicated

Mintz - Arbitration, Mediation, ADR... on 3/29/2019

You are in federal court facing a motion to compel arbitration, and you reach for your well-worn copy of the Federal Rules of Civil Procedure in order to confirm how to go about your next step -- demanding a jury trial for...more

The SEC Retains its House Advantage During Administrative Proceedings

Cadwalader, Wickersham & Taft LLP on 8/8/2016

Amendments to the Rules of Practice Do Little to Address Criticism that the Deck is Stacked - Facing pressure from industry practitioners and in the wake of constitutional challenges in multiple jurisdictions, the...more