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| Granfinanciera, S.A. v. Nordberg | |
|---|---|
 Supreme Court of the United States | |
| Argued January 9, 1989 Decided June 23, 1989 | |
| Full case name | Granfinanciera, S.A., et al., Petitioners v. Paul C. Nordberg, Creditor Trustee for the Estate of Chase & Sanborn Corporation, etc. |
| Citations | 492 U.S. 33 (more)109 S. Ct. 2782, 106 L.Ed.2d 26 |
| Argument | Oral argument |
| Case history | |
| Prior | In re Chase & Sanborn Corp., 835 F.2d 1341 (11th Cir. 1988). |
| Holding | |
| Provided that Congress has not permissibly assigned resolution of the claim to a non-Article III adjudicative body that does not use a jury as factfinder, the Seventh Amendment entitles a person who has not submitted a claim against a bankruptcy estate to a jury trial when sued by the bankruptcy trustee to recover an allegedly fraudulent monetary transfer. | |
| Court membership | |
| |
| Case opinions | |
| Majority | Brennan, joined by Rehnquist, Marshall, Stevens, Kennedy; Scalia (Parts I, II, III, and V) |
| Concurrence | Scalia (in part and in judgment) |
| Dissent | White |
| Dissent | Blackmun, joined by O'Connor |
Granfinanciera, S.A. v. Nordberg, 492 U.S. 33 (1989), is a 1989 United States Supreme Court case concerning the Seventh Amendment to the United States Constitution. In a majority opinion by William J. Brennan, Jr., the Court held that the Seventh Amendment guaranteed individuals the right to a jury trial if they are sued by a bankruptcy trustee seeking the recovery of an allegedly fraudulent monetary transfer, provided that those individuals had not previously submitted a claim against the bankruptcy estate. The decision emphasized that a legal action seeking the recovery of money from someone who allegedly defrauded them would have been litigated at law, rather than in a court of equity, in 18th-century England; it therefore concluded that such an action was a "sui at common law" for which the Seventh Amendment required a jury trial. However, the majority also emphasized that this holding only applied if "Congress has not permissibly assigned resolution of the claim to a non-Article III adjudicative body that does not use a jury as factfinder".
See also
References
External links
- Text of Granfinanciera, S.A. v. Nordberg is available from: Cornell Justia Library of Congress Oyez (oral argument audio)
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