This article analyzes whether a right to jury trial exists for an ERISA section 510 interference and retaliation action. The article first focuses on whether Congress explicitly or implicitly provided the right under the statute itself and concludes that no right is explicitly provided. In addition, a plain reading of ERISA enforcement sections 502(a)(1)(B) and 502(a)(3) and an analysis of the legislative history indicate that Congress intended for section 510 actions to be enforced only under section 502(a)(3) and that an implicit right to a jury trial was not provided in that section. Because no explicit or implicit statutory right exists, the article goes on to analyze the issue under the United States Supreme Court's Ross v. Bernhard Seventh Amendment right to jury trial test and highlights the most recent cases addressing this issue. The article ultimately concludes that no right to a jury trial attaches under the Seventh Amendment because a plain reading of enforcement section 502(a)(3) indicates that only equitable remedies are available to enforce a section 510 claim.
Denise Drake Clemow and Lisa Hund Lattan,
ERISA Section 510 Claims: No Right to a Jury Trial Can Be Found,
73 Neb. L. Rev.
Available at: http://digitalcommons.unl.edu/nlr/vol73/iss3/6