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Analysis

Workers Fight Uphill Battle For Jury Trials In ERISA Suits

Law360 (May 20, 2019, 9:56 PM EDT) -- With both the Employee Retirement Income Security Act and the U.S. Supreme Court silent on whether workers have a right to argue retirement plan mismanagement cases before a jury, district courts have been answering that question on their own.

While most courts have torpedoed these jury demands, a New York federal judge last year gave workers a glimmer of hope when he granted Cornell University employees' request to argue their case before a panel of their peers.

But that ruling was far from a magic bullet for employees: Even though it was cited in Massachusetts Institute of Technology workers' jury trial...

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