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Case Citations [1] (July 2019 - August 2020)

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                                        TRUSTS



                   CHAPTER 7. THE ADMINISTRATION OF THE TRUST

    TOPIC   4. REMEDIES OF THE BENEFICIARY AND LIABILITIES OF THE TRUSTEE

§ 198. Legal Remedies of Beneficiary

D.Mass.2019.  Subsec. (1) quot. in sup., com. (b) cit. in sup. Former employees brought a lawsuit against
employer and subsidiaries, alleging that defendants breached their fiduciary duty as trustees of an
employee retirement plan in violation of the Employee Retirement Income Security Act (ERISA). This
court granted defendants' motion to strike plaintiff's jury demand, holding, inter alia, that plaintiffs were
not entitled to a jury trial under the Seventh Amendment, because their claim was equitable in nature.
The court cited Restatement of Trusts § 198(1), Restatement Second of Trusts § 198, and Restatement
Third of Trusts § 95 in explaining that plaintiffs' claim was equitable in nature, because defendants did
not have an immediate, unconditional duty at law to pay monies to plaintiffs. Moitoso v. FMR LLC, 410
F.Supp.3d 320, 326.


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