7th Amendment: Right to a Jury (Law vs. Equity)

Chauffeurs, Teamsters & Helpers v. Terry

• Charged union with not fairly representing workers for not pursuing claims against employer.
• Breach of duty to provide zealous/fair representation.
• Pulled duty of fair representation from case law, not statute.
• Remedy desired: money.
• Usually legal, but how come not equitable in this case? Why not restitution?
• Should be jury trial or not?
• This does satisfy requirement for a suit at common law and thus a jury is required.
• Two part test (the Terry test):
  
• 1. Nature of claim.
• 2. Kind of remedy or relief requested.
• Congress can always provide a jury trial, but cannot remove right to a jury trial.
• Thus 7th Amendment is a floor not a ceiling.