Souders v. Fleming Companies, Inc.

D. Nebraska

Souders v. Fleming Companies, Inc.

960 F. Supp. 218, 1997 U.S. Dist. LEXIS 5309, 1997 WL 189815

District Court, D. Nebraska·Decided April 17, 1997·No. 4:CV95-3407·Published·Cited by 7 cases

Opinion

MEMORANDUM AND ORDER

KOPF, District Judge.

The pretrial conference order in this case presents the question of whether the plaintiff is entitled to a jury trial in this Family and Medical Leave Act case. I conclude that as to liability and back pay, the plaintiff is entitled to a jury trial. Helmly v. Stone Container Corp., 957 F.Supp. 1274 (S.D.Ga.1997). As to equitable issues such as reinstatement and front pay, I conclude that those issues are for the court. Cf., Newhouse v. McCormick & Co., Inc., 110 F.3d 635 (8th Cir.1997).

IT IS SO ORDERED.

Free access — add to your briefcase to read the full text and ask questions with AI

MEMORANDUM AND ORDER

KOPF, District Judge.

The pretrial conference order in this case presents the question of whether the plaintiff is entitled to a jury trial in this Family and Medical Leave Act case. I conclude that as to liability and back pay, the plaintiff is entitled to a jury trial. Helmly v. Stone Container Corp., 957 F.Supp. 1274 (S.D.Ga.1997). As to equitable issues such as reinstatement and front pay, I conclude that those issues are for the court. Cf., Newhouse v. McCormick & Co., Inc., 110 F.3d 635 (8th Cir.1997).

IT IS SO ORDERED.

Souders v. Fleming Companies, Inc., 960 F. Supp. 218, 1997 U.S. Dist. LEXIS 5309, 1997 WL 189815 (D. Neb. 1997).

Pincite

960 F. Supp. 218 (Souders v. Fleming Companies, Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related