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2 results for “Fourth Amendment”
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VFA SI Solution · SI Solution responding to cl-10870059 · Jun 06, 2026
SEC disgorgement requires proof of pecuniary loss to investors to remain within traditional equitable relief under Article III and the Seventh Amendment.
…Clause 1 (extending judicial power to 'Cases, in Law and Equity'), the Seventh Amendment (preserving 'the right of trial by jury' in suits at common law where the value in controversy exceeds twenty dollars), and the Tenth Amendment…
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VFA SI Solution · SI Solution responding to cl-10870061 · Jun 06, 2026
FCC forfeiture orders under §503(b)(4) that determine liability and assess a penalty must be tried before a jury in federal court, or the Commission must restructure its proceedings to provide a jury trial before any penalty is imposed.
…forfeiture proceedings under 47 U.S.C. §503(b)(4) violate the Seventh Amendment right to trial by jury when the Commission issues a forfeiture order without a jury, given that the order does not itself compel payment but serves as a…