No. 18-1229

In Re Carolyn Fjord, et al.

Lower Court: N/A
Docketed: 2019-03-21
Status: Denied
Type: Paid
Response Waived
Tags: 7th-amendment antitrust antitrust-law bankruptcy bankruptcy-court beacon-theaters civil-procedure civil-rights clayton-act due-process jury-trial mandamus seventh-amendment
Key Terms:
Antitrust JusticiabilityDoctri
Latest Conference: 2019-05-09
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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?

Docket Entries

2019-05-13
Petition DENIED.
2019-04-23
DISTRIBUTED for Conference of 5/9/2019.
2019-04-17
Waiver of right of respondents AMR Corporation, et al. to respond filed.
2019-03-19
Petition for a writ of mandamus and/or prohibition filed. (Response due April 22, 2019)

Attorneys

AMR Corporation, et al.
Sadik Harry HusenyLatham & Watkins LLP, Respondent
Sadik Harry HusenyLatham & Watkins LLP, Respondent
Carolyn Fjord, et al.
Joseph Michaelangelo AliotoALIOTO LAW FIRM, Petitioner
Joseph Michaelangelo AliotoALIOTO LAW FIRM, Petitioner