United States v. Dish Network, L.L.C., 754 F. Supp. 2d 1002

Plaintiffs include the United States and several states, bringing FTC Act claims against Defendant Dish Network L.L.C.
Government seeks equitable relief under §§ 13(b) and 19 and civil penalties under § 5(m)(1)(A).
Government requests a jury trial on liability for civil penalties; no jury on other claims or issues.
Dish moves to strike the Government's jury-demand; the motion focuses on Seventh Amendment rights in mixed legal/equitable claims.
Court concludes civil penalties claim is a legal claim with a jury right, even when joined with equitable claims.
Motion to Strike Jury Demand is denied; Government is entitled to a jury trial on liability for civil penalties.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Right to jury trial on civil penalties	Government argues it has a Seventh Amendment right to a jury for liability on civil penalties.	Dish contends cases allow only equitable relief in similar FTC actions, limiting a jury right.	Government has a right to a jury trial on liability for civil penalties.

Tull v. United States, 481 U.S. 412 (1987) (jury right in legal claims joined with equitable claims remains)
FTC v. World Travel Vacation Brokers, Inc., 861 F.2d 1020 (7th Cir. 1988) (distinguishes equitable relief and penalties considerations)
FTC v. H.N. Singer, Inc., 668 F.2d 1107 (9th Cir. 1982) (process for equitable and statutory penalties considerations)
Medtronic, Inc. v. Intermedics, Inc., 725 F.2d 440 (7th Cir. 1984) (seventh circuit on historical split of legal/equitable relief in appeal)
Curtis v. Loether, 415 U.S. 189 (1974) (joined legal and equitable claims; jury right preserved for legal issues)