1st Lt. Jerome M. Pradier v. Jose Martin Elespuru and Luis Basterrechea D/B/A Basterrechea Distributing Company

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that a party’s failure to comply with a local court rule requiring placement of a jury demand notation in the caption of 26 pleading did not result in waiver of jury trial
• holding that, where the body of a pleading contains a jury trial demand, the pleading need not also state in its caption that a jury trial is requested in order to comply with Rule 38(b)—even if a district court rule requires such a statement
• “The parties are entitled to know at the outset of the trial whether the decision will be made by the judge or the jury.”
• “Because the right to a jury trial is a fundamental right guaranteed to our citizenry by the Constitution, courts should indulge every reasonable presumption against waiver.”
• “The parties are entitled to know at the outset of the trial whether the decision will be made by the judge or the jury.”
• “There are frequently significant tactical differences in presenting a case to a court, as opposed to a jury.”

Source: CourtListener parenthetical corpus (CC0).