· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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