· 7/23/1997
Joanna Russ, an Individual v. Standard Insurance Company, an Oregon Corporation
Citations
- 120 F.3d 988
- 97 Daily Journal DAR 9352
- 97 Cal. Daily Op. Serv. 5802
- 38 Fed. R. Serv. 3d 211
- 1997 U.S. App. LEXIS 18469
- 1997 WL 408793
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 could not employ another rule to circumvent this circuit's prohibition on granting untimely jury demands due to inadvertence
- holding that the district court could not employ another rule to circumvent this circuit’s prohibition on granting untimely jury demands due to inadvertence
- holding that the district court could not employ another rule to circumvent this circuit’s prohibition on granting untimely jury demands due to inadvertence
- explaining that the Ninth Circuit reads “Rule 39(b) to prohibit district courts 18 from excusing an inadvertent failure to request a jury trial”
- stating that the “specific prohibition on district 15 courts granting jury trials where the parties have failed to comply with [Federal] Rule [of 16 Civil Procedure] 38 must trump the more general discretionary powers of district courts to 17 permit plaintiffs to dismiss under Rule 41(a)(2)”
- “The district court could 20 not order a trial by jury under Rule 39(b) because [the plaintiff’s] attorney admitted that the reason 21 for the untimely jury demand was inadvertence”
Source: CourtListener parenthetical corpus (CC0).
Judges: Goodwin, Nelson, Trott
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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