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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.