Legal Opinion

GSA Employer's Welfare Trust Fund v. Kraus

District Court, D. Kansas

Decided June 7, 2004No. CIV.A. 03-2534-CMPublished

1Opinion of the Court

MEMORANDUM AND ORDER

MURGUIA, District Judge.

Plaintiff sued defendants under the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. § 1001, et seq., seeking to enforce a third-party recovery provision in the GSA Employer’s Welfare Trust Fund, in which defendants were participants. This matter comes before the court on Plaintiffs Motion to Strike Defendants’ Demand for Jury Trial (Doc. 9).

I. Seventh Amendment Right to a Jury Trial

The Seventh Amendment guarantees the right of trial by jury “[i]n Suits at common law, where the value in controversy shall exceed twenty dollars.”…

2Cases cited15 opinions

  1. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  2. Great-West Life & Annuity Insurance v. KnudsonSupreme Court of the United States · 2002
  3. Tull v. United StatesSupreme Court of the United States · 1987
  4. Chauffeurs, Teamsters & Helpers Local No. 391 v. TerrySupreme Court of the United States · 1990
  5. Parsons v. Bedford, Breedlove, & RobesonSupreme Court of the United States · 1830

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