Legal Opinion
Haeffele v. Hercules Inc.
District Court, D. Delaware
Decided January 19, 1989No. Civ. A. 85-722 MMSPublished
1Opinion of the Court
OPINION
MURRAY M. SCHWARTZ, Chief Judge.
This opinion resolves the question of whether a right to jury trial exists in a breach of contract action brought under state law that is preempted by Section 502(a)(1)(B) of ERISA, 29 U.S.C. § 1132(a)(1)(B). The United States Magistrate recommended granting plaintiff’s motion to strike defendants’ jury demand on Count I of this action but denying the motion as to Count II. For the reasons stated below, the recommendation of the Magistrate will be adopted as to Count I but not as to Count II.
BACKGROUND
On December 12, 1985 plaintiff Harold J. Haeffele…
2Cases cited22 opinions
- Pilot Life Insurance v. DedeauxSupreme Court of the United States · 1987
- Metropolitan Life Insurance v. TaylorSupreme Court of the United States · 1987
- Curtis v. LoetherSupreme Court of the United States · 1974
- John H. Cox v. Keystone Carbon Company, Richard Reuscher and William ReuscherCourt of Appeals for the Third Circuit · 1988
- Katsaros v. CodyCourt of Appeals for the Second Circuit · 1984
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