No. 25A46

CashCall, Inc., et al. v. Consumer Financial Protection Bureau

Lower Court: Ninth Circuit
Docketed: 2025-07-11
Status: Presumed Complete
Type: A
Experienced Counsel
Tags: constitutional-rights consumer-lending equitable-remedy jury-trial legal-restitution seventh-amendment
Latest Conference: N/A
Question Presented (from Petition)

This is an application for an extension of time to file a petition for certiorari, not a petition for certiorari itself. The document does not contain a "Question(s) Presented" section in the traditional sense.

However, the application does articulate the legal issues that Applicants intend to raise in their forthcoming petition. Based on the content of the application, the questions presented would be:

Whether the Ninth Circuit erred in holding that restitution at law is an equitable remedy for Seventh Amendment purposes, contrary to this Court's decisions in Great-West Life & Annuity Insurance Co. v. Knudson, Liu v. SEC, and Jarkesy.

Whether Applicants waived their Seventh Amendment right to a jury trial when assertion of that right was foreclosed by binding circuit precedent at the time of the initial district court proceedings.

**Note:** These are derived from the application's discussion of intended arguments, not from an actual "Question(s) Presented" section, as this document is an extension request rather than a filed petition for certiorari.

Question Presented (AI Summary)

Whether the Seventh Amendment requires a jury trial for legal restitution claims that exceed a defendant's net profits, notwithstanding the Ninth Circuit's precedent in Commerce Planet

Docket Entries

2025-08-13
Application (25A46) granted by Justice Kagan extending the time to file until September 19, 2025.
2025-08-11
Application of CashCall, Inc., et al. for a further extension of time submitted.
2025-08-11
Application (25A46) to extend further the time from August 22, 2025 to September 19, 2025, submitted to Justice Kagan.
2025-07-11
Application (25A46) granted by Justice Kagan extending the time to file until August 22, 2025.
2025-07-08
Application (25A46) to extend the time to file a petition for a writ of certiorari from July 23, 2025 to August 22, 2025, submitted to Justice Kagan.

Attorneys

CashCall, Inc., et al.
Paul D. ClementClement & Murphy, PLLC, Petitioner
CFPB
D. John SauerSolicitor General, Respondent