Civil Procedure Keyed to Cound
Ross v. Bernhard
Plaintiff’s complaint contends that Lehman Brothers controlled the corporation through an illegally large representation on the corporation’s board of directors. The corporation’s board of directors was accused of converting corporate assets and of gross abuse of trust, bad faith and negligence. Both individual defendants, including Bernhard, and Lehman Brothers (Defendants) were accused of breaches of fiduciary duty. Plaintiffs requested that Defendants account for losses to the corporation and demanded a jury trial on the corporation’s claims. On the Motion to Strike Plaintiffs’ jury trial demand, the district court held that a shareholder’s right to a jury trial was to be judged as if the corporation were itself the Plaintiff. The district court found that only the shareholder’s initial claim had to be tried by a jury. The court of appeals reversed holding and held that no jury was available to try any part of it.
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