Dodd-Frank Whistleblowers Not Entitled To Jury Trial
November 22, 2013
A federal district judge in Atlanta has ruled that whistleblowers under the Dodd-Frank Act looking to sue for retaliation do not have the right to a jury trial. The Dodd-Frank act gives monetary awards to whistleblowers, but is silent on whether a jury trial is available in cases where the informant claims retaliation. The court said that what the whistleblower stands to gain from such a suit – reinstatement or double back pay – is more equitable than legal, and therefore does not trigger the right to a jury trial under the Seventh Amendment. The court also pointed out that Dodd-Frank’s silence in this case is telling, given that similar sections of the legislation were amended specifically to provide for a jury trial.
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