California Appellate Tracker

Nationwide Biweekly Administration v. Superior Court

June 19, 2018

When the government sues for civil penalties under a statutory cause of action, the defendant is entitled to a jury trial on the issue of liability but not the amount of any resulting civil penalty.

Following Tull v. United States (1987) 481 U.S. 412, this decision holds that when the government sues for civil penalties under a statutory cause of action, the defendant is entitled to a jury trial on the issue of liability. However, the trial judge determines the amount of any civil penalty awarded if the jury finds the defendant liable.

California Court of Appeal, First District, Division 1 (Banke, J.); June 13, 2018; 2018 Cal. App. LEXIS 541

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Nationwide Biweekly Administration v. Superior Court

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