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.

Topics:  Anti-Retaliation Provisions, Dodd-Frank, Jury Trial, Whistleblowers

Published In: Civil Procedure Updates, Civil Remedies Updates, Labor & Employment Updates

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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