Edward Allen White v. Wayne McGinnis

Palmer v. United States, 652 F.2d 893 (9th Cir.1981), dealt with a litigant who didn’t complain when the district court mistakenly ignored his timely jury demand; instead, the litigant participated in the bench trial and complained only when judgment was entered against him. We granted the litigant’s request for a new trial, holding that the Federal Rules of Civil Procedure set out the ways one can withdraw a jury demand, and that failing to complain about the court’s mistake is not one of them. The majority today overrules Palmer ’s interpretation of the Federal Rules as “rigid” and…