Second Circuit Doubtful FCC Violated Verizon’s Right to Trial

Second Circuit judges on Tuesday were skeptical that the US Federal Communications Commission violated Verizon Communications Inc.‘s right to a jury trial when it penalized the company for failing to protect customers’ location data.

A Fifth Circuit decision from April 17 siding with AT&T Inc. in a similar case supports Verizon’s Seventh Amendment claim, the company said. But that court’s decision “doesn’t bind us,” said Judge Alison Nathan of the US Court of Appeals for the Second Circuit.

“I understand the consequences are severe, but it’s hard for me to understand how they interface with the Seventh Amendment ...