In re Evangelist
United States Court of Appeals for the First Circuit
760 F.2d 27 (1985)

- Written by Josh Lee, JD
Facts
Frank Evangelist (plaintiff) was a shareholder of Fidelity Cash Reserves. Evangelist sued Fidelity and its investment adviser, seeking damages based on excessive fees paid to the adviser under a theory of statutory breach of fiduciary duty. Evangelist also alleged a claim of misrepresentation. Evangelist sought a jury trial on all claims. The trial court dismissed the misrepresentation claim on summary judgment and determined that Evangelist was not entitled to a jury trial on the breach-of-fiduciary-duty claim because that claim was equitable in nature instead of legal. Evangelist sought a writ of mandamus requiring the trial court to provide a jury trial.
Rule of Law
Issue
Holding and Reasoning (Breyer, J.)
What to do next…
Here's why 832,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 46,500 briefs, keyed to 994 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.