parklane hosiery shore argued october decided january respondent brought stockholder class action district damages relief petitioners corporation officers directors stockholders allegedly issued materially false misleading proxy statement violation federal securities laws securities exchange commission sec regulations action came trial sec sued defendants district alleging proxy statement materially false misleading essentially respects respondent claimed district nonjury trial entered declaratory judgment sec appeals affirmed respondent case moved partial summary judgment petitioners asserting collaterally estopped relitigating issues resolved sec suit district denied motion ground application collateral estoppel deny petitioners seventh amendment right jury trial appeals reversed held petitioners full fair opportunity litigate claims sec action collaterally estopped relitigating question whether proxy statement materially false misleading pp mutuality doctrine neither party use prior judgment unless parties bound judgment longer applies see laboratories university illinois foundation pp offensive use collateral estoppel plaintiff seeks foreclose defendant litigating issue defendant previously litigated unsuccessfully action another party promote judicial economy manner promoted defensive use defendant seeks prevent plaintiff asserting claim plaintiff previously litigated lost another defendant offensive use may also unfair defendant various ways therefore general rule cases plaintiff easily joined earlier action application offensive estoppel unfair defendant trial judge exercise discretion allow use offensive collateral estoppel pp case however application offensive collateral estoppel reward private plaintiff joined previous action since respondent probably joined injunctive action brought sec unfairness petitioners application since petitioners every incentive fully vigorously litigate sec suit judgment sec action inconsistent prior decision respondent action procedural opportunities available petitioners unavailable sec action kind might likely cause different result pp use collateral estoppel case violate petitioners seventh amendment right jury trial pp equitable determination effect subsequent legal action without violating seventh amendment katchen landy pp petitioners contention since scope seventh amendment must determined reference common law existed time collateral estoppel permitted mutuality parties without merit many procedural devices developed since diminished civil jury historic domain found violate seventh amendment see galloway pp stewart delivered opinion burger brennan white marshall blackmun powell stevens joined rehnquist filed dissenting opinion post jack levitt argued cause petitioners briefs irving parker joseph salomon robert cooperman samuel rosen argued cause filed brief respondent solicitor general mccree deputy solicitor general easterbrook stephen shapiro harvey pitt paul gonson michael wolensky filed brief et al amici curiae urging affirmance joel joseph filed brief washington legal foundation amicus curiae justice stewart delivered opinion case presents question whether party issues fact adjudicated adversely equitable action may collaterally estopped relitigating issues jury subsequent legal action brought new party respondent brought stockholder class action petitioners federal district complaint alleged petitioners parklane hosiery parklane officers directors stockholders issued materially false misleading proxy statement connection merger proxy statement according complaint violated securities exchange act stat amended well various rules regulations promulgated securities exchange commission sec complaint sought damages rescission merger recovery costs action came trial sec filed suit defendants federal district alleging proxy statement issued parklane materially false misleading essentially respects ben alleged respondent complaint injunctive relief requested trial district found proxy statement materially false misleading respects alleged entered declaratory judgment effect sec parklane hosiery supp appeals second circuit affirmed judgment respondent present case moved partial summary judgment petitioners asserting petitioners collaterally estopped relitigating issues resolved action brought sec district denied motion ground application collateral estoppel deny petitioners seventh amendment right jury trial appeals second circuit reversed holding party issues fact determined full fair opportunity litigate nonjury trial collaterally estopped obtaining subsequent jury trial issues fact appellate concluded seventh amendment preserves right jury trial respect issues fact issues fully fairly adjudicated prior proceeding nothing remains trial either without jury intercircuit conflict granted certiorari threshold question considered whether quite apart right jury trial seventh amendment petitioners precluded relitigating facts resolved adversely prior equitable proceeding another party general law collateral estoppel specifically must determine whether litigant party prior judgment may nevertheless use judgment offensively prevent defendant relitigating issues resolved earlier proceeding collateral estoppel like related doctrine res judicata dual purpose protecting litigants burden relitigating identical issue party privy promoting judicial economy preventing needless litigation laboratories university illinois foundation relatively recently however scope collateral estoppel limited doctrine mutuality parties mutuality doctrine neither party use prior judgment estoppel unless parties bound judgment based premise somehow unfair allow party use prior judgment bound mutuality requirement provided party litigated lost previous action opportunity relitigate identical issues new parties failing recognize obvious difference position party never litigated issue one fully litigated lost mutuality requirement criticized almost inception recognizing validity criticism laboratories university illinois foundation supra abandoned mutuality requirement least cases patentee seeks relitigate validity patent federal previous lawsuit already declared invalid broader question however whether longer tenable afford litigant one full fair opportunity judicial resolution issue strongly suggested negative answer question lawsuit defendant mutuality principle forced present complete defense merits claim plaintiff fully litigated lost prior action arguable misallocation resources extent defendant second suit may win asserting without contradiction plaintiff fully fairly unsuccessfully litigated claim prior suit defendant time money diverted alternative uses productive otherwise relitigation decided issue still assuming issue resolved correctly first suit reason concerned plaintiff allocation resources permitting repeated litigation issue long supply unrelated defendants holds reflects either aura gaming table lack discipline disinterestedness part lower courts hardly worthy wise basis fashioning rules procedure kerotest mfg although neither judges parties adversary system performs perfectly cases requirement determining whether party estoppel asserted full fair opportunity litigate significant safeguard case involved defensive use collateral estoppel plaintiff estopped asserting claim plaintiff previously litigated lost another defendant present case contrast involves offensive use collateral estoppel plaintiff seeking estop defendant relitigating issues defendant previously litigated lost another plaintiff offensive defensive use situations party estoppel asserted litigated lost earlier action nevertheless several reasons advanced two situations treated differently first offensive use collateral estoppel promote judicial economy manner defensive use defensive use collateral estoppel precludes plaintiff relitigating identical issues merely switching adversaries bernhard bank america nat trust savings cal thus defensive collateral estoppel gives plaintiff strong incentive join potential defendants first action possible offensive use collateral estoppel hand creates precisely opposite incentive since plaintiff able rely previous judgment defendant bound judgment defendant wins plaintiff every incentive adopt wait see attitude hope first action another plaintiff result favorable judgment nevarov caldwell cal app reardon allen super thus offensive use collateral estoppel likely increase rather decrease total amount litigation since potential plaintiffs everything gain nothing lose intervening first action second argument offensive use collateral estoppel may unfair defendant defendant first action sued small nominal damages may little incentive defend vigorously particularly future suits foreseeable evergreens nunan cf berner british commonwealth pac airlines application offensive collateral estoppel denied defendant appeal adverse judgment awarding damages defendant later sued million allowing offensive collateral estoppel may also unfair defendant judgment relied upon basis estoppel inconsistent one previous judgments favor defendant still another situation might unfair apply offensive estoppel second action affords defendant procedural opportunities unavailable first action readily cause different result concluded preferable approach dealing problems federal courts preclude use offensive collateral estoppel grant trial courts broad discretion determine applied general rule cases plaintiff easily joined earlier action either reasons discussed reasons application offensive estoppel unfair defendant trial judge allow use offensive collateral estoppel present case however none circumstances might justify reluctance allow offensive use collateral estoppel present application offensive collateral estoppel reward private plaintiff joined previous action since respondent probably joined injunctive action brought sec even desired similarly unfairness petitioners applying offensive collateral estoppel case first light serious allegations made sec complaint petitioners well foreseeability subsequent private suits typically follow successful government judgment petitioners every incentive litigate sec lawsuit fully vigorously second judgment sec action inconsistent previous decision finally respondent action procedural opportunities available petitioners unavailable first action kind might likely cause different result conclude therefore none considerations justify refusal allow use offensive collateral estoppel present case since petitioners received full fair opportunity litigate claims sec action contemporary law collateral estoppel leads inescapably conclusion petitioners collaterally estopped relitigating question whether proxy statement materially false misleading ii question remains whether notwithstanding law collateral estoppel use offensive collateral estoppel case violate petitioners seventh amendment right jury trial thrust seventh amendment preserve right jury trial existed curtis loether common law litigant entitled jury determine issues previously adjudicated chancellor equity hopkins lee wheat smith kernochen brady daly shapiro coquillette fetish jury trial civil cases comment rachal hill harv rev effect action district appeals believed limit petitioner opportunity fully try jury every issue bearing upon treble damage suit determination issue clearances judge might operate either way res judicata collateral estoppel conclude parties respect thereto subsequent trial treble damage claim premise beacon theatres fact enunciated general prudential rule confirmed decision katchen landy case held bankruptcy sitting statutory equity empowered adjudicate equitable claims prior legal claims even though factual issues decided equity action triable jury seventh amendment legal claims adjudicated first stated beacon theatres dairy queen recognize might situations proceed resolve equitable claim first even though results might dispositive issues involved legal claim despite strong support found history recent decisional law proposition equitable determination effect subsequent legal action petitioners argue application collateral estoppel case nevertheless violate seventh amendment right jury trial petitioners contend since scope amendment must determined reference common law existed since common law permitted collateral estoppel mutuality parties collateral estoppel constitutionally applied mutuality absent petitioners advanced persuasive reason however meaning seventh amendment depend whether mutuality parties present litigant lost adverse factual findings equity action equally deprived jury trial whether estopped relitigating factual issues party new party either case party estoppel asserted litigated questions fact facts determined earlier proceeding either case factfinding function jury perform since common factual issues resolved previous action cf ex parte peterson one entitled civil case trial jury unless except far issues fact determined seventh amendment never interpreted rigid manner advocated petitioners contrary many procedural devices developed since diminished civil jury historic domain found inconsistent seventh amendment see galloway directed verdict violate seventh amendment gasoline products champlin refining retrial limited question damages violate seventh amendment even though practice common law setting aside verdict part fidelity deposit summary judgment violate seventh amendment galloway case particularly instructive party directed verdict entered argued procedure unconstitutional seventh amendment rejecting claim said amendment bind federal courts exact procedural incidents details jury trial according common law tied system pleading specific rules evidence prevailing rules common law prevalent including relating procedure judge regulated jury role questions fact crystallized fixed immutable system logical conclusion think one history previous decisions support amendment designed preserve basic institution jury trial fundamental elements great mass procedural forms details varying even widely among jurisdictions omitted judgment appeals affirmed footnotes private plaintiff action proxy rules entitled relief simply demonstrating proxy solicitation materially false misleading plaintiff must also show injured prove damages mills electric since sec action limited determination whether proxy statement contained materially false misleading information respondent conceded still prove elements prima facie case private action petitioners right jury trial remaining issues contested position appeals second circuit conflict taken appeals fifth circuit rachal hill context offensive use collateral estoppel occurs plaintiff seeks foreclose defendant litigating issue defendant previously litigated unsuccessfully action another party defensive use occurs defendant seeks prevent plaintiff asserting claim plaintiff previously litigated lost another defendant doctrine res judicata judgment merits prior suit bars second suit involving parties privies based cause action doctrine collateral estoppel hand second action upon different cause action judgment prior suit precludes relitigation issues actually litigated necessary outcome first action moore federal practice pp ed lawlor national screen serv commissioner sunnen cromwell county sac bigelow old dominion copper principle general elementary law estoppel judgment must mutual buckeye powder dupont de nemours powder restatement judgments violation due process judgment binding litigant party privy therefore never opportunity heard laboratories university illinois foundation hansberry lee criticism summarized opinion laboratories university illinois foundation supra opinion justice traynor unanimous california bernhard bank america nat trust savings cal made point succinctly satisfactory rationalization advanced requirement mutuality party bound previous action precluded asserting res judicata party bound difficult comprehend triplett lowell held determination patent invalidity prior action bar plaintiff relitigating validity patent subsequent action different defendant holding triplett case explicitly case also emphasized relitigation issues previously adjudicated particularly wasteful patent cases staggering expense typical length doctrine mutuality parties alleged infringer might find cheaper pay royalties challenge patent declared invalid prior suit since holder patent entitled statutory presumption validity various commentators expressed reservations regarding application offensive collateral estoppel currie mutuality estoppel limits bernhard doctrine stan rev semmel collateral estoppel mutuality joinder parties colum rev note impacts defensive offensive assertion collateral estoppel nonparty geo rev professor currie later tempered reservations civil procedure tempest brews rev mutuality requirement plaintiff accomplish result since bound judgment original defendant restatement second judgments tent draft apr provides application collateral estoppel may denied party asserting effected joinder first action present adversary professor currie familiar example railroad collision injures passengers bring separate actions railroad railroad wins first suits plaintiff wins suit professor currie argues offensive use collateral estoppel applied allow plaintiffs automatically recover currie supra stan see restatement second judgments supra example defendant first action forced defend inconvenient forum therefore unable engage full scale discovery call witnesses application offensive collateral estoppel may unwarranted indeed differences available procedures may sometimes justify allowing prior judgment estoppel effect subsequent action even parties defensive estoppel asserted plaintiff litigated lost problem unfairness particularly acute cases offensive estoppel however defendant estoppel asserted typically chosen forum first action see comment essentially approach recognizes distinct trend clear weight recent authority effect intrinsic difference offensive distinct defensive issue preclusion although stronger showing prior opportunity litigate adequate may required former situation latter reporter note sec everest management complicating effect additional issues additional parties outweighs advantage single disposition common issues moreover consolidation private action one brought sec without consent prohibited statute trial petitioners every opportunity present evidence call witnesses district held sec petitioners appealed appeals second circuit affirmed judgment moreover petitioners already aware action brought respondent since commenced filing sec action true course petitioners present action entitled jury trial issues bearing whether proxy statement materially false misleading sec action never brought matter discussed part ii opinion presence absence jury factfinder basically neutral quite unlike example necessity defending first lawsuit inconvenient forum seventh amendment provides suits common law value controversy shall exceed twenty dollars right jury trial shall preserved authors article conclude historical sources indicates late eighteenth early nineteenth centuries determinations equity thought much force determinations law possible impact jury trial rights viewed concern collateral estoppel otherwise warranted jury trial question stand way harv rule adopted restatement judgments comment similarly dairy queen wood meeker ambassador oil held legal claims ordinarily tried equitable claims preserve right jury trial petitioners reliance dimick schiedt misplaced dimick case held increase trial judge amount money damages awarded jury violated second clause seventh amendment provides fact tried jury shall otherwise according rules common law collateral estoppel involve fact decided jury contrary whole premise collateral estoppel issue resolved prior proceeding factfinding function performed reaching conclusion appeals went state doubt question whether petitioners entitled jury redetermination issues otherwise subject collateral estoppel event resolved defendants case reason although fully aware pendency present suit throughout trial sec case made effort protect right jury trial damage claims asserted plaintiffs either seeking expedite trial present action requesting judge duffy exercise discretion pursuant rule order issues sec case tried jury advisory jury omitted justice rehnquist dissenting admittedly difficult outraged treatment accorded federal judiciary petitioners demand jury trial lawsuit outrage emotion impossible generate respect corporate defendant securities fraud action case exception nagging sense unfairness way petitioners treated engendered imprimatur placed appeals respondent heads win tails lose theory litigation dispelled antiseptic analysis issues case may nation adopt new constitution today seventh amendment guaranteeing right jury trial civil cases federal courts included among provisions present sentiment effect obscure dilute obligation enforce seventh amendment included bill rights since repealed manner provided constitution repeal provisions right trial jury civil cases common law fundamental history jurisprudence today however reduces valued right blackstone praised glory english law mere neutral factor name procedural reform denies right jury trial defendants vast number cases defendants heretofore enjoyed jury trials years ago justice black lamented gradual process judicial erosion years slowly worn away major portion essential guarantee seventh amendment galloway dissenting opinion regrettably erosive process continues apace today decision seventh amendment provides suits common law value controversy shall exceed twenty dollars right trial jury shall preserved fact tried jury shall otherwise reexamined according rules common law perhaps easy forget years removed events right trial jury held esteem colonists deprivation hands english one important grievances leading break england see sources documents illustrating american revolution formation federal constitution morison ed pound development constitutional guarantees liberty ubbelohde courts american revolution extensive use courts colonial administrators eliminate colonists right jury trial listed among specific offensive english acts denounced declaration independence war broken newly formed restored institution civil jury trial prior prominence expressly guaranteed right state constitutions others recognized statute common practice indeed right trial jury probably one universally secured first american state constitutions levy legacy suppression freedom speech press early american history one might justly wonder mention right jury trial civil cases found way constitution emerged philadelphia convention article iii cl merely provides trial crimes except cases impeachment shall jury omission clause protective civil jury right lack trying however pinckney gerry proposed provide clause securing right jury trial civil cases efforts failed several reasons advanced failure federalists argued practice civil juries among several varied much difficult draft constitutional language accommodate different state practices see colgrove battin supra whatever reason omission however clear even delegates left philadelphia plans way attack proposed constitution ground failed contain guarantee civil jury trial new federal courts see rutland george mason wolfram virtually complete absence bill rights proposed constitution principal focus attack constitution lack provision civil juries featured prominently arguments see parsons bedford pet pleas struck responsive chord populace price exacted many approval constitution appending list recommended amendments chief among clause securing right jury trial civil cases responding pressures civil jury guarantee generated ratification debates first congress new constitution first session proposed amend constitution adding following language suits common law man man trial jury one best securities rights people remain inviolate annals cong provision altered language became seventh amendment proposed congress legislatures several became effective ratification virginia december foregoing sketch meant suggest many oppose use juries civil trials seem ignore founders nation considered right trial jury civil cases important bulwark tyranny corruption safeguard precious left whim sovereign might added judiciary passionately advocated right civil jury trial considered jury familiar procedural device continued concerns institution jury trial led passages declaration independence seventh amendment animated belief use juries lead efficient judicial administration trial jury laymen rather sovereign judges important founders juries represent layman common sense passional elements nature thus keep administration law accord wishes feelings community holmes collected legal papers favored juries believed jury reach result judge either reach values underlie seventh amendment mind obviously approach decision case seventh amendment requires right trial jury preserved seventh amendment demands preservation jury trial right cases uniformly held content right must judged historical standards curtis loether colgrove battin ross bernhard capital traction hof parsons bedford supra thus baltimore carolina line redman stated right trial jury thus preserved right existed english common law amendment adopted dimick schiedt held order ascertain scope meaning seventh amendment resort must appropriate rules common law established time adoption constitutional provision jury impaneled particular kind case seventh amendment requires jury trial today either party desires sure substance right jury trial preserved incidental collateral effects practice walker new mexico aim amendment held preserve substance right trial jury distinguished mere matters form procedure particularly retain distinction province jury baltimore carolina line redman supra accord colgrove battin supra gasoline products champlin refining ex parte peterson amendment bind federal courts exact procedural incidents details jury trial according common law tied system pleading specific rules evidence prevailing galloway say seventh amendment tie federal courts exact procedure common law imply however nominally procedural change implemented regardless impact functions jury sanction creation procedural devices limit province jury greater degree permitted common law direct contravention seventh amendment see neely martin eby constr galloway supra dimick schiedt supra ex parte peterson supra since deal common law qua common law constitution amount argument device provides efficiency accuracy fairer save degree invasion jury province greater allowed rule otherwise effectively permit judicial repeal seventh amendment nearly change province jury matter drastic diminution functions always denominated procedural reform guarantees seventh amendment prove burdensome instances civil jury surely burden english governors stead substituted provisions bill rights onerous nature protection license contracting rights secured amendment aintenance jury body importance occupies firm place history jurisprudence seeming curtailment right jury trial scrutinized utmost care dimick schiedt supra quoted beacon theatres westover judged foregoing principles think clear petitioners denied seventh amendment right jury trial case neither respondent doubts common law existed petitioners entitled private action jury determine whether proxy statement false misleading respects alleged reason common law collateral estoppel permitted parties first action identical privity parties subsequent action doctrine mutuality abrogated certain limited circumstances laboratories university illinois foundation developments doctrine collateral estoppel however salutary consistent seventh amendment contract material fashion right jury trial defendant enjoyed instant case resort doctrine collateral estoppel merely contract right jury trial eliminates right entirely therefore contravenes seventh amendment responds however common law litigant entitled jury subsequent action law parties determine issues previously adjudicated chancellor equity petitioners advanced persuasive reason meaning seventh amendment depend whether mutuality parties present ante tantamount saying since party entitled jury trial brought equitable action persuasive reason receive jury trial virtually issues instead chooses bring lawsuit nature legal action persuasive reason seventh amendment requires party right jury trial existed common law preserved incursions government judiciary whether believes use jury trial particular instance necessary fair repetitive simply irrelevant view rigid constitution commands rigidity hold otherwise rewrite seventh amendment party guaranteed jury trial civil cases unless thinks jury trial inappropriate doubt parallel procedural reforms instituted area criminal jurisprudence accomplish much sort expedition calendars conservation judicial resources extension collateral estoppel civil litigation government motions summary judgment directed verdict favor prosecution close evidence presumably save countless hours judges jurors time scarcely doubted though procedural reforms survive constitutional scrutiny jury trial guarantee sixth amendment principle separation powers incorporated framers constitution order promote efficiency dispatch business government right jury trial guaranteed order facilitate prompt accurate decision lawsuits essence right lies insistence body laymen permanently attached sovereign participate along judge factfinding necessitated lawsuit essence much part seventh amendment guarantee civil cases sixth amendment guarantee criminal prosecutions cf thiel southern pacific relying galloway gasoline products champlin refining fidelity deposit seems suggest offensive use collateral estoppel case permissible limited principle set forth mere procedural change invade province jury defendant right thereto greater extent authorized common law permissible actions today constitute far greater infringement defendant rights ever sanctioned galloway upheld modern form directed verdict seventh amendment challenge clear similar form directed verdict existed common law beauchamp borret peake eng coupey henley esp eng modern form materially alter function jury similarly modern device summary judgment found violate seventh amendment demurrer evidence procedural device substantially similar summary judgment common practice pawling cranch procedural devices summary judgment directed verdict direct descendants antecedents accomplish nothing done common law albeit cumbersome procedure see also montgomery ward duncan common law apparently practice setting aside verdict part gasoline products permitted partial retrial distinct separable issues change procedure impair substance right jury trial parties gasoline products still enjoyed right jury determine issues fact contrast development nonmutual estoppel substantial departure common law use case completely deprives petitioners right jury determine contested issues fact simply unwilling accept presumption complete extinguishment petitioners right trial jury justified mere change procedural incident detail years ago justice sutherland observed dissimilar case special sense charged duty construing upholding constitution discharge important duty ever must alert see doubtful precedent extended mere analogy different case result weaken subvert conceives principle fundamental law land dimick schiedt ii even accepting arguendo majority position violation seventh amendment nonetheless sanction use collateral estoppel case today holds general rule cases plaintiff easily joined earlier action either reasons discussed reasons application offensive estoppel unfair defendant trial judge allow use offensive collateral estoppel ante first use offensive collateral estoppel case runs counter strong federal policy favoring jury trials even majority holds violate seventh amendment decision beacon theatres westover exemplifies policy beacon theatres held equitable legal claims defenses presented single case imperative circumstances circumstances view flexible procedures federal rules anticipate right jury trial legal issues lost prior determination equitable claims jacob new york stated right jury trial civil cases common law basic fundamental feature system federal jurisprudence protected seventh amendment right fundamental sacred citizen whether guaranteed constitution provided statute jealously guarded courts accord simler conner byrd blue ridge rural electric cooperative strong federal policy favor juries requires jury trials diversity cases regardless state practice today decision mean large number private cases defendants longer enjoy right jury trial neither respondent adverted cited unmanageable problems resulted according defendants jury trials cases simply see imperative circumstances requiring wholesale abrogation jury trials second believe opportunity jury trial second action easily lead different result obtained first action therefore unfair estop petitioners relitigating issues jury position adopted restatement second judgments disapproves application offensive collateral estoppel defendant opportunity jury trial second lawsuit available first action accepts proposition unfair apply offensive collateral estoppel second action affords defendant procedural opportunities unavailable first action readily cause different result ante differences discovery opportunities two actions cited examples situations unfair permit offensive collateral estoppel ante view fact petitioners entitled jury trial present action procedural opportunit presence absence jury factfinder basically neutral quite unlike example necessity defending first lawsuit inconvenient forum ante emphasis added evident prior brief discussion development civil jury trial guarantee country drafted declaration independence debated passionately proposed constitution ratification period indeed astounded learn presence absence jury merely neutral whereas availability discovery device unmentioned constitution may controlling precisely framers believed might receive different result hands jury peers mercy sovereign judges seventh amendment adopted suspect anyone litigates cases juries equally amazed hear supposed lack distinction trial trial jury cite authority support curious proposition merits civil juries long debated suspect juries never accused merely neutral factors contrary majority supposition juries make difference cases today least recognized obvious fact thus colgrove battin stated purpose jury trial civil cases assure fair equitable resolution factual issues gasoline products champlin byrd blue ridge rural electrical cooperative supra conceded nature tribunal tries issues may important enforcement parcel rights making cause action defense may well instant case outcome substantially affected whether issue immunity decided judge jury see curtis loether cf duncan louisiana jurors bring case common sense community values inexperience asset secures fresh perception trial avoiding stereotypes said infect judicial eye kalven zeisel american jury ultimate irony today decision potential significantly conserving resources either litigants judiciary doubtful best case see absolutely reason frustrate cavalierly important federal policy favoring jury decisions disputed fact questions instant case apt example minimal savings accomplished decision admits even petitioners collaterally estopped relitigating whether proxy materially false misleading still entitled jury determine whether respondent injured alleged misstatements amount damages sustained respondent ante thus jury must impaneled case event time saved trying issue whether proxy materially false misleading jury likely insubstantial probable today decision result coercing defendants agree consent orders settlements agency enforcement actions order preserve right jury trial private actions event compelling reason simply added powerful club administrative agencies arsenals even congress unwilling provide believe use offensive collateral estoppel particular case improper necessary decide whether approve use circumstances defendant right jury trial impaired see colgrove battin capital traction hof parsons bedford pet henderson background seventh amendment harv rev hereinafter henderson wolfram constitutional history seventh amendment rev hereinafter wolfram see also wonson cas cc mass story declaration independence depriving us many cases benefits trial jury two years earlier declaration rights adopted october first continental congress unanimously resolved respective colonies entitled common law england especially great inestimable privilege tried peers vicinage according course law journals continental congress holdsworth written new methods adopted strengthen administration british laws effective therefore disliked extension given jurisdiction reorganized courts admiralty effective deprived defendant right tried jury almost certain acquit holdsworth history english law courts dealt chiefly criminal offenses jurisdiction also extended many areas civil law wolfram ga art lxi federal state constitutions colonial charters organic laws thorpe ed hereinafter thorpe md art iii thorpe mass art xv thorpe art xx thorpe art xxii thorpe art xli thorpe declaration rights art xiv thorpe pa declaration rights art xi thorpe art xli thorpe va bill rights thorpe see wolfram congress adopted northwest ordinance governance territories west appalachians included guarantee trial jury civil cases thorpe proposal add following language art iii trial jury shall preserved usual civil cases farrand records federal convention debate regarding proposal quoted colgrove battin supra objection gorham massachusetts constitution juries different different trial usual different cases different farrand supra commentators suggested several additional reasons failure convention include civil jury guarantee see henderson true reason omitting similar provision civil juries least part convention members simply wanted go home wolfram see henderson wolfram virginia recommended jury trial amendment typical controversies respecting property suits man man ancient trial jury one greatest securities rights people remain sacred inviolable elliot debates federal constitution ed judiciary act september passed within six months organization new government day first amendments proposed legislatures first congress provided civil jury trial right stat thomas jefferson stated consider trial jury anchor yet imagined man government held principles constitution writings thomas jefferson washington ed wolfram professor wolfram written antifederalists arguing institution civil jury trial belief jury trials short inexpensive decorous productive decisions judges sitting without juries produce inconveniences jury trial accepted precisely important instances ability disregard substantive rules law jury reach result judge either reach favored civil jury misguided tinkerers procedural devices day libertarians avowed important areas protection litigants general debtors particular placed grave danger unless required juries sit civil cases majority suggests dimick schiedt relevant decision case dealt second clause seventh amendment ante disagree intimation opinion first clause treated differently second dimick respect guarantees seventh amendment applies much first clause second see smith kernochen hopkins lee wheat buller introduction law relative trials nisi prius ed peake compendium law evidence ed decision laboratories university illinois foundation facts limited defensive use collateral estoppel patent cases abandonment mutuality recent development case bernhard bank america nat trust sav cal generally considered seminal case adopting new approach decided see henderson england phrase direct verdict common commonplace instruct jury plaintiff entitled recover plaintiff must verdict scott trial jury reform civil procedure harv rev cases cited therein demur party admit truth facts adduced every adverse inference drawn therefrom determine party receive judgment basis admitted facts inferences see slocum new york life ins gibson hunter bl eng henderson scott supra gasoline products quoted lord mansfield stated verdict correct one issue erroneous another form sake must set aside whole verdict edie east india bl quoted agree petitioners right jury trial equitable injunctive action brought sec ante meeker ambassador oil per curiam case doctrine collateral estoppel yielded right jury trial meeker plaintiffs asserted equitable legal claims presented common issues demanded jury trial trial tried equitable claim first decided claim common issues adversely plaintiffs result held plaintiffs precluded relitigating issues jury legal claim plaintiffs appealed alleging denial right jury trial tenth circuit affirmed trial reversed appeals basis beacon theatres westover dairy queen wood even though unlike cases equitable action meeker already tried common issues determined thus even though plaintiffs meeker received full fair opportunity try common issues prior equitable action nonetheless given opportunity retry issues jury today decision totally inconsistent meeker fails explain inconsistency decision today may well extend areas antitrust labor employment discrimination consumer protection like private plaintiff may sue damages based similar violations subject government actions say congress commit enforcement statutorily created rights administrative process specialized equity curtis loether see atlas roofing occupational safety health review katchen landy nlrb jones laughlin steel restatement second judgments comment tent draft apr citing rachal hill cert denied reporter note differences procedures available first second actions sufficient deny issue preclusion parties may warrant refusal carry preclusion action involving another party restatement supra see hearings recording jury deliberations subcommittee investigate administration internal security act internal security laws senate committee judiciary thorough summary arguments pro con jury trials extensive bibliography kalven zeisel american jury bibliography redish seventh amendment right jury trial study irrationality rational decision making nw rev discussion arguments juries much delay jury trials attributed jury selection voir dire charge see zeisel kalven buchholz delay none delaying factors avoided today decision