Legal Opinion

Souders v. Fleming Companies, Inc.

District Court, D. Nebraska

Decided April 17, 1997No. 4:CV95-3407PublishedCited by 8 opinions

1Opinion of the Court

MEMORANDUM AND ORDER

KOPF, District Judge.

The pretrial conference order in this case presents the question of whether the plaintiff is entitled to a jury trial in this Family and Medical Leave Act case. I conclude that as to liability and back pay, the plaintiff is entitled to a jury trial. Helmly v. Stone Container Corp., 957 F.Supp. 1274 (S.D.Ga.1997). As to equitable issues such as reinstatement and front pay, I conclude that those issues are for the court. Cf., Newhouse v. McCormick & Co., Inc., 110 F.3d 635 (8th Cir.1997).

IT IS SO ORDERED.

2Cases cited1 opinion

  1. Helmly v. Stone Container Corp.District Court, S.D. Georgia · 1997

3Cited by8 opinions

  1. Carla D. Frizzell v. Southwest Motor Freight, Matthew CacaceCourt of Appeals for the Sixth Circuit · 1998
  2. Franzen v. Ellis Corp.Court of Appeals for the Seventh Circuit · 2008
  3. Bryant v. Delbar Products, Inc.District Court, M.D. Tennessee · 1998
  4. Harvot v. Solo Cup Co.Wisconsin Supreme Court · 2009
  5. Steinhardt v. PotterDistrict Court, S.D. New York · 2004

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