Lipson Nelson attorney submits amici curiae to U.S. Supreme Court

C. Thomas Ludden, head of the Appellate Practice Group at Lipson, Neilson, Cole, Seltzer & Garin, P.C., recently submitted an amici curiae brief to the United States Supreme Court in Brott v. United States, Supreme Court Docket No. 17-712. In their brief, the amici, National Federation of Independent Business Small Business Legal Center, the Southeastern Legal Foundation, and the Cato Institute, contend that the Seventh Amend­ment Guarantee of a jury trial applies in lawsuits against the United States seeking vindication of a citizen’s constitutional rights. They further argue that the United States cannot condition the right to seek relief for violation of constitutional rights upon the waiver of the right to a jury trial.

“For over 800 years, the jury trial has been one of our fundamental guarantees of liberty,” says Ludden. “The Supreme Court should agree that the Constitutional guarantee of a jury trial applies to lawsuits by American citizens seeking to recover compensation for unconstitutional takings of their property by the federal government.”

A decision on whether the United States Supreme Court will accept this case for full briefing should be made by this coming spring. If granted, the United States Supreme Court could hear oral argument as soon as October 2018. 

Ludden specializes in appellate law, commercial litigation, and professional liability. Mr. Ludden also handles a broad range of commercial disputes, including commercial lease and other contractual disputes and intellectual property matters. Mr. Ludden was appointed by the Michigan Supreme Court to serve on the state’s Committee on Model Jury Instructions; the appointment is for a three-year term ending Dec. 31, 2018.


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