Rushton v. Philadelphia Forest Products, Inc. (In Re Americana Expressways, Inc.)

How courts have described this case

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

• holding that defendant’s filing of a permissive counterclaim in an adversary proceeding eliminated Seventh Amendment right to a jury trial
• “[b]y presenting a [defense which, in reality, presents a counterclaim against the estate], Defendant has submitted to the bankruptcy court’s equity jurisdiction and is not entitled to a jury trial”
• because counterclaim arose prepetition it is permissive

Source: CourtListener parenthetical corpus (CC0).