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

handle is hein.ali/relat1022 and id is 1 raw text is: 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. COPYRIGHT ©2020 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination. ALI