Posted in Practical Whistle blower Advice
at 02/02/2008
Sox Whistleblower Protections — Trial By Jury?
To clarify the previous post, SOX is not clear whether there is a right to a jury trial in SOX Whistleblower cases brought in Federal court. Whistleblowers have argued that the Act’s provision to afford the complainant “all relief necessary to make the employee whole” may be a basis for a jury trial. In Fraser v. Fiduciary Trust Co.,Fraser v. Fiduciary Trust Co., 417 F.Supp.2d 310 (S.D.N.Y. 2006) the court denied the defendant’s motion to strike a jury trial demand for a SOX Whistleblower claim without prejudice to bring the motion again prior to trial.
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