Rosebud Sioux Tribe v. Strain

Ab initio, Plaintiff/appellee, the Rosebud Sioux Tribe, demanded a jury trial and damages of $1,500,000. Defendant/appellant, Michael Strain, sued for malpractice, was asked in Interrogatory 2: “Do you have legal malpractice insurance which covers the allegations contained in the Complaint herein?” His answer was “No.” Defendant had entered into a contract for legal services with Plaintiff; Plaintiff alleged, inter alia, a breach of contract, and that Defendant committed malpractice thereunder. Yet, through artful advocacy, Defendant was denied a jury trial.

The right of trial by jury shall…