Whitt v. Goodyear Tire & Rubber Co.

MEMORANDUM OPINION

ACKER, District Judge.

The plaintiffs in the above-entitled causes apparently so strongly believe in their right to the jury trial guaranteed by the Seventh Amendment that they are not willing to roll over and play dead and to accept the growing assumption, as yet without Supreme Court sanction, that the Employee Retirement Income Security Act of 1974, 29 U.S.C. §§ 1001, et seq. (ERISA), both precludes all state law remedies in cases which fall under ERISA and simultaneously denies the complaining party any right to trial by jury, no matter whether the remedies he seeks are…