Brookdale Senior 401(k) Forfeiture Spat Won’t Go Before Jury

Brookdale Senior Living Inc. secured a court order ensuring that a proposed class action over how it handles forfeited 401(k) money won’t be tried before a jury.

Magistrate Judge Barbara D. Holmes of the US District Court for the Middle District of Tennessee on Thursday denied the plaintiff 401(k) plan participant’s request for a jury trial, reasoning that her lawsuit seeks a court order requiring Brookdale to return lost money to the plan. This is an equitable remedy that must be weighed by a judge, Holmes said.

Jury trials in Employee Retirement Income Security Act cases are rare, with many ...