In re: Lorraine Brazile, No. 21-1374 (8th Cir. 2021)
Annotate this CaseThe Eighth Circuit granted the petition for writ of mandamus directing the district court to reinstate petitioner's demand for a jury trial. In this case, the United States filed suit against petitioner and her ex-husband seeking an avoidance of allegedly fraudulent transfers of funds, claiming that petitioner received assets from her spouse through a "sham divorce." The court concluded that petitioner has no other adequate means to attain the relief desired; petitioner has a clear and indisputable right to a jury trial; and the remedy sought is at least partially legal. Accordingly, the court directed the district court to reinstate petitioner's demand for a jury trial.
Court Description: [Per Curiam - Before Colloton, Gruender, and Shepherd, Circuit Judges] Civil case - Mandamus. In an action by the United States seeking an avoidance of allegedly fraudulent transfers of funds to prevent the government from recovering funds to pay restitution in a criminal conviction, Brazile and her husband demanded a jury trial; the district court denied the request, concluding that the monetary damages the government sought were equitable damages; Brazille seeks a writ of mandamus to reinstate her demand for a jury trial. Held: The writ application was appropriate as Brazile had no other adequate means to attain the relief desired; Brazile and her husband had a clear and indisputable right to a jury trial; the writ is granted, and the district court is directed to reinstate the demand for a jury trial. [ April 02, 2021 ]
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.