Skip to main content
· 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 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.