Tag Archives: Jury Waiver

The Eighth Circuit, Perhaps Without Meaning To, Creates a Circuit Split on the Standard for Seeking Relief from a Jury Waiver Under Fed. R. Civ. P. 39(b)

In E&I Global Ene. Srvs. v. Liberty Mut. Ins. Co., No. 23-3739 (8th Cir. Apr. 4, 2025), the Eighth Circuit declines to afford a plaintiff relief for its failure to timely demand a jury trial under Fed. R. Civ. P. 38(b)(1) under an “excusable neglect” standard, creating (without so noting) a split with other circuits.Continue reading “The Eighth Circuit, Perhaps Without Meaning To, Creates a Circuit Split on the Standard for Seeking Relief from a Jury Waiver Under Fed. R. Civ. P. 39(b)”

Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit

In Consumer Financial Protection Bureau v. CashCall, Inc., No. 23-55259 (9th Cir. Jan. 3, 2025), the Ninth Circuit holds the defendant to its express waiver of a Seventh Amendment jury right, affirming an award of more than $134 million in legal restitution against it. The panel declines to excuse the jury waiver on the groundContinue reading “Parties’ Mutual Mistake about Legal Basis of Restitutionary Remedy Did Not Overcome Express Waiver of Seventh Amendment Jury Right, Holds Ninth Circuit”