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
Latest Conference: 2019-05-09
Question Presented (from Petition)

• 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?

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?

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
Carolyn Fjord, et al.
Joseph Michaelangelo AliotoALIOTO LAW FIRM, Petitioner