· 5/28/1998
David Raymond v. International Business MacHines Corp.
Citations
- 148 F.3d 63
- 40 Fed. R. Serv. 3d 1177
- 1998 U.S. App. LEXIS 13172
- 1998 WL 312508
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the district court acted “well within its discretion” under Pioneer in excusing an inadvertently late jury demand when there was no bad faith or prejudice to any party
- noting that Rule 6 is applicable to most but not all time requirements within the Rules of Civil Procedure
- affirming decision to grant a late jury demand where the untimeliness was due to mere inadvertence
- listing equitable factors to consider in determining if a party has demonstrated excusable neglect
- without a showing beyond mere inadvertence, “it would have been error for the district court to have granted the Rule 39(b) motion”
- “[M]ere inadvertence, without more, can in some circumstances be enough to constitute ‘excusable neglect’ justifying relief”
Source: CourtListener parenthetical corpus (CC0).
Judges: Meskill, Cabranes
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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