NOTE & COMMENT: ERISA'S REMEDIAL IRONY: NARROW INTERPRETATION PAVES THE WAY FOR JURY TRIALS IN SUITS FOR BREACH OF FIDUCIARY DUTY UNDER ERISA Skip over navigation
LexisNexis® Browse Law Reviews and Treatises
Skip over navigation
Sign in with your lexis.com® ID to access the full text of this article.
-OR-
Order the full text of this article if you do not have a lexis.com® ID.
 
Price: 
US $22.00 (+ tax)
 
 

Copyright (c) 2010 Georgia State University
Georgia State University Law Review

NOTE & COMMENT: ERISA'S REMEDIAL IRONY: NARROW INTERPRETATION PAVES THE WAY FOR JURY TRIALS IN SUITS FOR BREACH OF FIDUCIARY DUTY UNDER ERISA

Spring, 2010

Georgia State University Law Review

26 Ga. St. U.L. Rev. 971

Author

Kris Alderman*

Excerpt



Introduction



When Eugene Scalia, son of Supreme Court Justice Antonin Scalia, filed an amicus brief arguing that monetary relief for a breach of fiduciary duty was "traditionally, typically, and exclusively" available in courts of equity, the suggestion was clear that the remedial provisions of the Employee Retirement Income Security Act (ERISA) of 1974 1 were capable of dividing even families. 2 Through a series of opinions, two of which were written by Justice Scalia, the Supreme Court has narrowly construed the term "equitable" as used in ERISA's remedial provisions, 3 by excluding money damages from that term's ambit. 4 In the process, the Court paved the way for plaintiffs seeking money damages under ERISA 502(a)(2) to exercise their Seventh Amendment right to a jury trial. 5



The purpose of this Note is to determine whether ERISA, in light of its interpretation by the Supreme Court, permits a jury trial for plaintiffs seeking damages for a breach of fiduciary duty. Part I examines the nature, purposes, and scope of ERISA. 6 After presenting a brief background, this Note surveys the development of Supreme Court case law relevant to the questions whether damages are available under 502(a)(2) and whether damages are legal rather than equitable relief. 7 Next, the requirements for invoking the Seventh Amendment right to a jury trial are discussed. 8 Part II then applies relevant Supreme Court jurisprudence to demands for jury trials under 502(a)(2) and discusses rationales of lower courts ...
 
 
If you are interested in obtaining a lexis.com® ID and Password, please contact us at 1-(800)-227-4908 or visit us at http://www.lexisnexis.com/.
Search Documents
 
eg., Environmental Insurance Coverage Under the Comprehensive General Liability Policy
 
 
 
 

Lexis® Web - The only search engine that delivers free web content specifically from legal sites validated by LexisNexis® attorney editors and includes tools for faster research and more relevant results.

 
LexisNexis Store
Research Now - Go to lexis.com
Connect the Dots - Free 1 hour webcast
Share. Network. Discover. - Go to LexisNexis Communities