ROSS V. BERNHARD
396 U.S. 531 (1970)
NATURE OF THE CASE: P brought a derivative suit against the directors of their closed-end
investment company for excessive brokerage fees. P demanded a jury trial on the
corporation's claims.
FACTS: P brought a derivative suit in federal court against the directors of an
investment company and the brokers alleging that the company had been charged excessive
brokerage fees. P demanded a jury trial. On motion to strike P's jury trial demand, the
District Court held that a shareholder's right to a jury on his corporation's cause of
action was to be judged as if the corporation were itself the plaintiff. Only the
shareholder's initial claim to speak for the corporation had to be tried to the judge. The
District Court permitted an interlocutory appeal. 28 U.S.C. 1292(b). The Court of Appeals
reversed, holding that a derivative action was entirely equitable in nature, and no jury was
available to try any part of it. The Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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