INTERNAL PROTOTYPE — NOT LEGAL ADVICE — DO NOT SEND

Section 1808

Citation
Section 1808
Parent Document
McHugh v. Santa Monica Rent Control Board, 777 P.2d 91 (1989)
Jurisdiction
California (state)
Effective Date
1989-08-17
Original Source
https://www.courtlistener.com/opinion/1156663/mchugh-v-santa-monica-rent-cont... ↗

Other Sections in This Document (387)

Full Text

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Thereafter, in Atlas Roofing, supra, 430 U.S. 442, the high court considered, against a Seventh Amendment claim, the propriety of an administrative award of $5,000 as a penalty for violation of federal work-safety standards under the Occupational Safety and Health Act of 1970 (29 U.S.C. § 651 et seq.). The defendants argued that because a court action to collect civil penalties is essentially a "suit for a money judgment which is classically a suit at common law" and for which they would be entitled to a jury if tried in court, then when faced with the same money penalties in an administrative forum, they enjoyed the same right to jury trial.