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8. What is the grocery chain's strongest argument that the plaintiff is not entitled to a jury trial?
The statute is silent on the right to a jury trial. The grocery chain does not want a jury trial.
A plaintiff brought a class action in federal court against a nationwide grocery-store chain for violating a federal disability-rights statute that requires public buildings to be wheelchair-accessible. The plaintiff sought an injunction requiring the grocery chain to modify the entrances to its stores to comply with the statute. The plaintiff demanded a jury trial.
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A is incorrect. Whether a litigant is entitled to a jury trial does not depend on whether the action is a class action. There is no complexity exception to the right to a jury trial.
B is incorrect. There is no blanket prohibition against jury trials for claims that did not exist at common law prior to the Seventh Amendment's adoption. Rather, the right to a jury trial depends on whether the statutory claim is analogous to one tried to a jury at common law and whether the relief sought is legal, not equitable.
D is incorrect. Even if a statute that created a cause of action is silent on the right to a jury trial, the right is preserved in statutory actions that provide for claims analogous to claims tried at common law in which legal relief is sought.