In That Case: Securities and Exchange Commission v. Jarkesy
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The 2023-2024 Term of the United States Supreme Court will undoubtedly have far-reaching implications in a number of areas, but perhaps most significantly—at least for regular readers of the OSHA Defense Report blog—with...more
Last week the U.S. Supreme Court held in SEC v. Jarkesy that a defendant in a securities fraud suit has the right to be tried by a jury in an Article III court, rather than before an agency’s own tribunal. The Court’s...more
The Supreme Court, in Securities Exchange Commission v. Jarkesy, is considering the constitutionality of using administrative law judges (ALJs) in securities fraud cases, potentially impacting federal agencies' ability to...more