Legal Opinion
Fonner v. Georgia-Pacific Corp.
District Court, M.D. Louisiana
Decided August 30, 1990No. Civ. A. 89-397-BPublishedCited by 1 opinion
1Opinion of the Court
RULING ON DEFENDANT’S MOTION TO STRIKE PLAINTIFF’S DEMAND FOR JURY TRIAL
POLOZOLA, District Judge.
Plaintiff filed this suit in state court seeking past due retirement benefits under an ERISA-regulated employee benefit plan. 1 The action was timely removed to federal court on grounds of diversity and federal question jurisdiction. 2 Plaintiffs demand included a demand for a jury trial. Defendant has now moved to strike this demand for a jury trial on the grounds that no right to a jury trial exists in an action brought under ERISA.
It is fairly clear in cases decided by the Fifth Circuit Court…
2Cases cited9 opinions
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Tull v. United StatesSupreme Court of the United States · 1987
- Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
- Lytle v. Household Manufacturing, Inc.Supreme Court of the United States · 1990
- Claude Wardle, Sr. v. Central States, Southeast and Southwest Areas Pension FundCourt of Appeals for the Seventh Circuit · 1980
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fonner v. Georgia-Pacific CorpCourt of Appeals for the Fifth Circuit · 1992