Legal Opinion

Ex Parte Gurganus

Supreme Court of Alabama

Decided June 19, 1992No. 1910452PublishedCited by 16 opinions

1Opinion of the Court

The sole issue presented in this case is whether a writ of mandamus should issue directing the Honorable William J. Wynn, judge of the Jefferson County Circuit Court, to vacate his order striking Danny and Sandra Gurganus's demand for a trial by jury on their claim against Continental American Life Insurance Company ("Continental") for medical benefits, pursuant to § 502(a)(1)(B) of the Employee Retirement Income Security Act of 1974 ("ERISA"), 29 U.S.C. § 1132(a)(1)(B).1

It is well settled that a writ of mandamus is proper to compel the granting of a trial by jury, when that right exists,Ex…

Also in this document: Concurrence · Ingram; Concurrence · Maddox.

2Cases cited36 opinions

  1. Firestone Tire & Rubber Co. v. BruchSupreme Court of the United States · 1989
  2. Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
  3. Ingersoll-Rand Co. v. McClendonSupreme Court of the United States · 1990
  4. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  5. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989

31 more not listed; retrieve them via the Exa API.

3Cited by16 opinions

  1. St. Cloud v. LeapleySouth Dakota Supreme Court · 1994
  2. Weems v. Jefferson-Pilot Life Ins. Co., Inc.Supreme Court of Alabama · 1995
  3. Ex Parte Procom Services, Inc.Supreme Court of Alabama · 2003
  4. Johnson v. Jefferson County Racing Ass'nSupreme Court of Alabama · 2008
  5. Haywood v. AlexanderSupreme Court of Alabama · 2013

11 more not listed; retrieve them via the Exa API.

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