A gas station owner properly filed a breach of a noncompete clause in an employment contract case in federal court against a former manager, who began building a similar gas station across the street. The owner's complaint requested money damages and an injunction to stop the construction. The former manager wants a jury trial, but the gas station owner prefers that the issue be litigated before the judge. Can the former manager demand a jury trial for both claims

No, because, while the Seventh Amendment gives both the plaintiff and defendant the right to demand a jury trial in civil actions, when a case presents both legal and equitable claims, the right is only preserved for all legal claims, not equitable claims.

Explanation:

Equitable claim is one that requests an injunction from a court. That is the court is asked to compel another party to either take an action or refrain from taking an action. The focus is to prevent a future harm.

A legal claim is one that where the plaintiff proves harm done against their person and he is seeking compensation for harm inflicted.

The Seventh Amendment gives parties the right to request a jury trial only on legal claims.

In the given scenario the case is one that is an equitable claim. The owner's complaint requested money damages and an injunction to stop the construction. This is done to stop breach of the non-compete.

As the Seventh Amendment only allows jury trial for legal claims, the former manager cannot demand a jury trial.

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