Federal Judge To Empanel Advisory Jury In Retirement Plan Mismanagement Suit

Mealey's (October 14, 2019, 10:11 AM EDT) -- BOSTON — A Massachusetts federal judge on Oct. 8 granted a motion to strike a jury demand but decided to empanel an advisory jury in a suit filed by plaintiffs who allege that the defendant plan fiduciaries mismanaged the plaintiffs’ retirement savings plan after determining that an advisory jury will preserve the plaintiffs’ rights despite the fact that a jury trial does not attach to the plaintiffs’ claims, which could result in an equitable surcharge rather than legal damages (Kevin Moitoso, et al. v. FMR LLC, et al., No. 18-12122, D. Mass., 2019 U.S. Dist. LEXIS 175093)....