Bloomberg Law
March 21, 2023, 2:35 PM

Yale Wants Quick Appeal of Jury Trial Ruling in ERISA Challenge

Jacklyn Wille
Jacklyn Wille
Legal Reporter

Yale University wants an immediate appeal of a decision authorizing a jury trial in a lawsuit over its retirement plan, saying the decision deepens an extensive circuit split and has major implications for the parties’ looming trial.

The class action—which is currently scheduled to go to trial in May—should go directly to the US Court of Appeals for the Second Circuit for a ruling on the jury trial question, the school said in a motion filed Monday. There’s a deep disagreement over whether fiduciary breach claims under the Employee Retirement Income Security Act can be tried by jury, with judges ...

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