A group of law professors are using a lawsuit over New York University’s retirement plan that’s pending in the Second Circuit to argue for the right to trial by jury in Employee Retirement Income Security Act cases.
The NYU workers who sued over the fees and investment options in their retirement plans are entitled to a jury trial, because their case seeks monetary damages, seven professors argued in a supporting brief. The professors also asked the Second Circuit to revive the workers’ challenge to the retail share class mutual funds in their retirement plans.
Trial by jury has emerged recently ...