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· 8/3/1999

Fischer Imaging Corp. v. General Electric Co.

Citations

  • 187 F.3d 1165
  • 1999 Colo. J. C.A.R. 4715
  • 1999 U.S. App. LEXIS 18172
  • 1999 WL 565440

How courts have described this case

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

  • rejecting argument by claimant that advisory jury’s verdict should retroactively become binding
  • ordering new trial even though plaintiff did not request new trial
  • finding a Seventh Amendment right to a jury trial in a declaratory judgment action, in which the plaintiff had not yet suffered injury, because, “absent declaratory judgment procedures,” the plaintiff’s claim would have “come to the court” in a suit on the contract
  • “Reformation is an equitable remedy used to reframe written contracts to reflect accurately [the] real agreement between contracting parties . . . .”
  • “An advisory jury is not the equivalent of a Seventh Amendment jury. … Therefore, we may not replace Fischer's Seventh Amendment right to a jury trial with an advisory jury's verdict.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Baldock, Holloway, Henry

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.