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17. How is the court likely to rule on the drug manufacturer's motion to strike the jury demand?
A cyclist who ingested a particular diet drug sued the drug's manufacturer on her own behalf and as the representative of a purported class of persons who had ingested the same brand of drug during the past five years. The federal district court had diversity jurisdiction over the suit. The cyclist's complaint alleged that the drug was defectively designed and manufactured and caused liver damage. The cyclist sought compensatory damages for herself and for the members of the class. She timely filed a request for a jury trial on her own behalf and on behalf of the class. Historically, class actions were devices available exclusively in equity. The cyclist moved for the court to «certify» the class. The drug manufacturer opposed class certification and moved to strike the cyclist's jury demand.
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A is incorrect. The Seventh Amendment preserves the right to a jury trial in all suits at common law. The determination of whether the suit was a suit at common law turns on whether the claim for relief was available at law or in equity in 1791.
Here, the cyclist's underlying claim is the basis for an action at law, and it does not matter that it is being presented through a class action.
B is incorrect. The Seventh Amendment applies to all actions at law in federal court, regardless of the basis of jurisdiction.
D is incorrect. A tort suit for money damages is a quintessential action at law.