ROSS v. BERNHARD

No. 42.

396 U.S. 531 (1970)

ROSS ET AL., TRUSTEES v. BERNHARD ET AL.

Supreme Court of United States.

Decided February 2, 1970.


Attorney(s) appearing for the Case

William E. Haudek argued the cause for petitioners. With him on the briefs were Richard M. Meyer and Stanley M. Grossman.

Marvin Schwartz argued the cause for respondents. With him on the brief were Roger L. Waldman, William J. Manning, and E. Roger Frisch.


MR. JUSTICE WHITE delivered the opinion of the Court.

The Seventh Amendment to the Constitution provides that in "[s]uits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." Whether the Amendment guarantees the right to a jury trial in stockholders' derivative actions is the issue now before us.

Petitioners brought this derivative suit in federal court against the directors of their closed...

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