Legal Opinion
Folmar v. American Health & Life Insurance
District Court, E.D. Tennessee
Decided February 2, 1981No. Civ. Nos. 2-80-71, 2-80-72PublishedCited by 2 opinions
1Opinion of the Court
NEESE, District Judge.
MEMORANDUM OPINION AND ORDER
Because these actions were removed from the state court in which they were commenced, any demand for a trial by jury is governed, not by Rule 38, Federal Rules of Civil Procedure, but by Rule 81(c), Federal Rules of Civil Procedure. Higgins v. Boeing Co., C.A.2d (1975), 526 F.2d 1004, 1006[3]. Under such latter Rule, the plaintiff “ * * * was required to file a demand for jury trial within ten days after the petition for removal was filed because under state law a demand was required [1] and *24had not been made prior to removal. * * ” Duncan v.…
2Cases cited7 opinions
- Ross v. BernhardSupreme Court of the United States · 1969
- Higgins v. Boeing Co.Court of Appeals for the Second Circuit · 1975
- William Bush v. Allstate Insurance CompanyCourt of Appeals for the Fifth Circuit · 1970
- Industrial Equipment Company, Plaintiff-Appellee-Cross-Appellant v. Emerson Electric Company, Defendant-Appellant-Cross-AppelleeCourt of Appeals for the Sixth Circuit · 1977
- Baylis v. Travellers' InsuranceSupreme Court of the United States · 1885
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cascone v. Ortho Pharmaceutical Corp.District Court, S.D. New York · 1982
- Judge v. Continental Casualty Co.District Court, E.D. Tennessee · 1981