Gene E. Phillips v. Alan C. Kaplus and the Johnson Collection, Inc.

How courts have described this case

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

• noting that Congress’s grant of judicial power neither gave federal courts power to deny state substantive rights nor power to create a right that would be denied under state law
• party may not transform equitable action into legal one merely because disposition will involve the distribution of assets
• “[T]he federal law is clear that an action for rescission is equitable, triable by the court without a jury.”
• “On our reading of the pleadings, plaintiffs’ assertion of waiver is incorrect. [Defendant’s] demand for a jury trial was not confined to the counterclaim; it specifically requested ‘trial by jury of all issues so triable.”’

Source: CourtListener parenthetical corpus (CC0).