Whistleblower Not Entitled To Jury Trial

In Pruett v BlueLinx Holdings, Inc., decided by the United States District Court for the Northern District of Georgia (1:13-cv-02607), the court held that a whistleblower suing under Dodd-Frank’s non-retaliation provisions was not entitled to a jury trial.  The reason is Dodd-Frank provides for the doubling of back pay, which is an automatic calculation and there is nothing for a jury to decide.  The court also noted that Congress amended similar provisions of the Sarbanes-Oxley Act to provide for a jury trial, but no similar provision was included in Dodd-Frank which was considered at the same time.


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