Legal Opinion

Ross v. Bernhard

Supreme Court of the United States

Decided November 10, 1969No. 42PublishedCited by 1,029 opinions

1Opinion of the CourtJustice White

The Seventh Amendment to the Constitution provides that in “[s]uits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.” Whether the Amendment guarantees the right to a jury trial in stockholders’ derivative actions is the issue now before us.

Petitioners brought this derivative suit in federal court against the directors of their closed-end investment company, the Lehman Corporation, and the corporation’s brokers, Lehman Brothers. They contended that Lehman Brothers controlled the corporation through an illegally large…

2Cases cited47 opinions

  1. Ashwander v. Tennessee Valley AuthoritySupreme Court of the United States · 1936
  2. Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
  3. Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
  4. Koster v. (American) Lumbermens Mutual Casualty Co.Supreme Court of the United States · 1947
  5. Paul v. VirginiaSupreme Court of the United States · 1869

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3Cited by1,029 opinions

  1. Kelley Mala v. Crown Bay MarinaCourt of Appeals for the Third Circuit · 2013
  2. Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
  3. Mattie Norman, Clara Marshall, Individually and on Behalf of All Others Similarly Situated v. The Housing Authority of the City of MontgomeryCourt of Appeals for the Eleventh Circuit · 1988
  4. Curtis v. LoetherSupreme Court of the United States · 1974
  5. Kamen v. Kemper Financial Services, Inc.Supreme Court of the United States · 1991

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