Is a plaintiff entitled to a jury trial for the recovery of attorneys' fees?

MultiRegion, United States of America

The following excerpt is from Jackson v. Truth Seeker Co., Inc., 105 F.3d 665 (9th Cir. 1996):

The right to a jury trial in a civil case is granted by either the United States Constitution, a state constitution, or a statute that creates a cause of action different from that of the common law. Neither party has pointed to any statutory or state constitutional right that guarantees plaintiffs a jury trial for the recovery of attorneys' fees. Therefore, the right to a jury trial in this matter is grounded in the U.S. Constitution and in federal law. Simler v. Conner, 371 U.S. 221, 222 (1963). The Seventh Amendment of the U.S. Constitution provides that "[i]n suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved...."

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