· 2/7/1995
Preferred Rx, Inc. v. American Prescription Plan, Inc. Ray Adiel Medivix, Inc. And American Preferred Prescription, Inc., Ronald English
Citations
- 46 F.3d 535
- 1995 U.S. App. LEXIS 2239
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that defendants’ failure “to formally object and state their position” regarding interrogatories as required by Rule 51 “results in a waiver of the objection advanced on appeal”
- concluding that no plain error occurred because defendants’ fraud “caused the breach of contract .... [and] the damages proximately caused by defendants’ fraud and ... breach of the contract were the same”
- noting a defense of lack of personal jurisdiction is waived by a defendant’s failure to raise it in a motion to dismiss
- Reardon testifying that he was told he did not have to work, but that “Mr. Moen and others asked me to follow up on various accounts, and I did”
- “The right to a jury trial may be waived by the conduct of the parties, and the courts of appeal to have considered the issue have held that a party waives any right it may have to trial by jury by participating without objection in a bench trial.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Milburn, Suhrheinrich, Joiner
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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