Antitrust JusticiabilityDoctri
Does the decision of the United States Bankruptcy Court for the Southern District of New York denying Petitioners the right to a jury trial for damages under Section 4 of the Clayton Act contravene the U.S. Supreme Court's ruling in Beacon Theaters and deprive Plaintiffs below of their fundamental right to a trial by jury guaranteed to them by this Court and by the Seventh Amendment of the United States Constitution?
QUESTIONS PRESENTED * Does the decision of the United States Bankruptcy Court for the Southern District of New York denying Petitioners the right to a jury trial for damages under Section 4 of the Clayton Act contravene the U.S. Supreme Court’s ruling in Beacon Theaters and deprive Plaintiffs below of their fundamental right to a trial by jury guaranteed to them by this Court and by the Seventh Amendment of the United States Constitution? + Will the Court reaffirm the teaching of Beacon Theaters and in so doing reaffirm the value and importance of the jury trial by requiring the bankruptcy court below to impanel a jury on the damage claims raised by plaintiffs in their complaint? * Should a Writ of Mandamus and/or Prohibition issue to the United States Bankruptcy Court to require that court to impanel a jury for trial of the legal issues raised by the complaint?