Tray-Wrap, Inc. v. Six L'S Packing Co., Inc.
Court of Appeals for the Second Circuit
1Opinion of the Court
McLAUGHLIN, Circuit Judge:
Perhaps the principal contribution of the Common Law to the fact-finding process is the jury trial. It is a right not to be trifled with, witness the Declaration of Independence and its denunciation of King George III: “For depriving us in many cases, of the benefits of Trial by Jury.” It is one of the few procedural rights in civil cases that is enshrined in the Constitution. See U.S. Const, amend. VII.
Rule 39(a) of the Federal Rules of Civil Procedure assures that the precious right to a jury trial will not be frittered away by casual findings of waiver. The rule…
2Cases cited7 opinions
- Dimick v. SchiedtSupreme Court of the United States · 1935
- Royal American Managers, Incorporated v. Irc Holding Corporation and Joseph Ambriano, Cross-Appellants, Gerald Dolman, Cross-AppelleeCourt of Appeals for the Second Circuit · 1989
- Annette Heyman, Individually v. Robert S. KlineCourt of Appeals for the Second Circuit · 1972
- Eldridge Lovelace v. Linda DallCourt of Appeals for the Seventh Circuit · 1987
- Interphoto Corporation v. Minolta CorporationCourt of Appeals for the Second Circuit · 1969
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3Cited by23 opinions
- Zenaida Garc A-Ayala v. Lederle Parenterals, Inc.Court of Appeals for the First Circuit · 2000
- Federal Deposit Insurance v. MassingillCourt of Appeals for the Fifth Circuit · 1994
- Douglas S. Winter v. Minnesota Mutual Life Insurance CompanyCourt of Appeals for the Seventh Circuit · 1999
- George Mooney v. The City of New YorkCourt of Appeals for the Second Circuit · 2000
- Caraccilo v. Village of Seneca Falls, NYDistrict Court, W.D. New York · 2008
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