Is a plaintiff entitled to a jury trial under the LMRA?

MultiRegion, United States of America

The following excerpt is from Colussi v. Sandimo Materials, 250 F.3d 120 (2nd Cir. 2000):

As the LMRA itself is silent on the issue, we must next consider whether a jury right inheres in the plaintiffs' claim by virtue of the Seventh Amendment. See Feltner, 523 U.S. at 347. "The Seventh Amendment does apply to actions enforcing statutory rights, and requires a jury trial upon demand, if the statute created legal rights and remedies, enforceable in an action for damages in the ordinary courts of law." Curtis v. Loether, 415 U.S. 189, 194 (1974). In assessing whether a given statutory provision entitles a party to a jury trial under the

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