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· 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 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.