Legal Opinion
Joanna Russ, an Individual v. Standard Insurance Company, an Oregon Corporation
Court of Appeals for the Ninth Circuit
Decided July 23, 1997No. 96-15952PublishedCited by 34 opinions
1Opinion of the Court
GOODWIN, Circuit Judge:
Standard Insurance Company (“Standard”) appeals the district court’s dismissal without prejudice of Joanna Russ’s action for wrongful termination of disability benefits. Standard argues that the district court, prohibited from exercising its power under Federal Rule of Civil Procedure 39(b) to excuse Russ’s failure to make a timely demand for a jury trial, cannot dismiss the ease pursuant to Federal Rule of Civil Procedure 41(a)(2) so that Russ can refile her action and gain another ten days in which to make a timely demand for a jury. We agree and therefore reverse the…
2Cases cited8 opinions
- Green v. Bock Laundry MacHine Co.Supreme Court of the United States · 1989
- Walton v. Eaton Corp.Court of Appeals for the Third Circuit · 1977
- Blau v. Del Monte Corp.Court of Appeals for the Ninth Circuit · 1984
- Jerome R. Lewis v. Time IncorporatedCourt of Appeals for the Ninth Circuit · 1983
- Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Youssif Kamal v. Eden Creamery, LLCCourt of Appeals for the Ninth Circuit · 2023
- Adams v. California Department of Health ServicesCourt of Appeals for the Ninth Circuit · 2007
- Baldwin v. United StatesDistrict Court, Northern Mariana Islands · 2011
- Koerner v. Aetna U.S. Healthcare, Inc.Court of Appeals for the Ninth Circuit · 2003
- Paulissen v. US LIFE INS. CO. IN CITY OF NYDistrict Court, C.D. California · 2002
29 more not listed; retrieve them via the Exa API.