In That Case

Redefining Administrative Enforcement Power / Environmental Implications


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In this episode of In That Case, Kansas City attorney Joseph Zaleski unpacks the Supreme Court's landmark 2024 administrative law decision in SEC v. Jarkesy. The Court ruled that a U.S. Securities and Exchange Commission civil administrative enforcement action seeking civil penalties violated the Seventh Amendment’s right to a jury trial. Joe explores the historical precedents, the public rights doctrine, and what this decision means for the future of administrative enforcement, particularly in environmental law and U.S. Environmental Protection Agency enforcement. Listen for an insightful discussion on how this ruling could reshape the scope of federal administrative enforcement in the future.

Case: SEC v. Jarkesy


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Click here to learn more about Shook's Toxic Tort and Exposure Litigation practice.


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In That CaseBy Shook, Hardy & Bacon