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Ross v. Bernhard

United States Supreme Court

396 U.S. 531 (1970)

Relevant factsFree

Lehman Brothers stockholders (plaintiffs) brought a derivative suit accusing the company's directors (defendants) of breaching fiduciary duty by improperly converting corporate assets, seeking an accounting of the directors' profits and the corporation's losses. The stockholders demanded a jury trial, which the district court allowed but the court of appeals struck down, reasoning that a derivative suit is entirely equitable in nature and therefore carries no jury-trial right.

IssueFree

Whether the Seventh Amendment guarantees a jury trial for legal claims raised within a stockholders' derivative suit.

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