Legal Opinion
Hodges v. Virgin Atlantic Airways, Ltd.
District Court, S.D. New York
Decided April 20, 1988No. 88 Civ. 1370 (LLS)PublishedCited by 5 opinions
1Opinion of the Court
OPINION AND ORDER
STANTON, District Judge.
Plaintiffs claim that defendant discharged them in violation of the Railway Labor Act (“RLA”), 45 U.S.C. § 152, Third and Fourth, because of their union activities. They seek injunctive relief, reinstatement, back pay, punitive damages and costs. Defendants move to strike plaintiffs’ jury demand on the ground that plaintiffs’ claims for relief are equitable in nature. The motion is granted.
DISCUSSION
The RLA does not specifically provide a right to a jury trial, so plaintiffs must rely on the seventh amendment to the United States Constitution. Maas v.…
2Cases cited16 opinions
- Curtis v. LoetherSupreme Court of the United States · 1974
- Virginian Railway Co. v. System Federation No. 40Supreme Court of the United States · 1937
- Ross v. BernhardSupreme Court of the United States · 1969
- United States v. LouisianaSupreme Court of the United States · 1950
- Henry Wade Cox v. C. H. Masland & Sons, Inc., a Corporation, and Textile Workers Union of America, Local 1882Court of Appeals for the Fifth Circuit · 1980
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3Cited by5 opinions
- Mark B. Lebow v. American Trans Air, Inc.Court of Appeals for the Seventh Circuit · 1996
- Russell v. Northrop Grumman Corp.District Court, E.D. New York · 1996
- Design Strategies, Inc. v. DavisDistrict Court, S.D. New York · 2005
- Beckett v. Atlas Air, Inc.District Court, E.D. New York · 1997
- Tipton v. Aspen Airways, Inc.District Court, D. Colorado · 1990