Merex A.G. Merex Corporation and Peter C. Lachmann v. Fairchild Weston Systems, Inc.

McLAUGHLIN, Circuit Judge:

Merex A.G. (“Merex”) appeals from a judgment entered in the United States District Court for the Southern District of New York (Mary Johnson Lowe, Judge) dismissing its complaint seeking damages under an oral commission agreement. Merex argues, among other things, that the district court abused its discretion by declaring the jury verdict on its promissory estoppel claim advisory only, under Federal Rule 39(c), and by waiting until Merex rested its case before announcing this ruling.

We hold that the Seventh Amendment did not guarantee Merex the right to a jury trial…