Judge Cites Cunningham In Partly Denying Motion To Strike Jury Demand In ERISA Row

Mealey's (December 12, 2022, 9:11 AM EST) -- NEW HAVEN, Conn. — Acknowledging a “lack of consensus within the” Second Circuit U.S. Court of Appeals, a Connecticut federal judge sided with Cunningham v. Cornell Univ., ruling that retirement plan participants are entitled to a jury trial on the “make good” aspect of two breach of fiduciary duty claims in their Employee Retirement Income Security Act class action over fees and funds....