Legal Opinion

John Z. Mardesich v. Charles J. Marciel and Lucy Marciel

Court of Appeals for the Ninth Circuit

Decided July 14, 1976No. 74-3338PublishedCited by 27 opinions

1Opinion of the Court

OPINION

Before ELY and WALLACE, Circuit Judges, and CRARY, * District Judge. PER CURIAM:

Mardesich instituted a personal injury suit under 46 U.S.C. § 688 (the Jones Act) and general maritime law. After a non-jury trial, the District Court entered a judgment for Mardesich in the amount of $13,-000. Mardesich appeals, arguing that the District Court either refused to exercise discretion or abused its discretion in denying Mardesich’s motion for relief from his waiver of a jury trial under Fed.R.Civ.P. 39(b). Mardesich had never formally demanded a jury trial, as he had the right to do under the…

2Cases cited3 opinions

  1. Winifred D. Noonan v. Cunard Steamship Co., Ltd.Court of Appeals for the Second Circuit · 1967
  2. M. D. Rutledge v. Electric Hose & Rubber CompanyCourt of Appeals for the Ninth Circuit · 1975
  3. Sam Tomlin v. Pope & Talbot, Inc.Court of Appeals for the Ninth Circuit · 1960

3Cited by27 opinions

  1. Jerome R. Lewis v. Time IncorporatedCourt of Appeals for the Ninth Circuit · 1983
  2. Bell v. Cameron Meadows Land Co.Court of Appeals for the Ninth Circuit · 1982
  3. Johnnie Wall v. National Railroad Passenger CorporationCourt of Appeals for the Ninth Circuit · 1983
  4. Lawrence W. SUTTON, Plaintiff-Appellant, v. ATLANTIC RICHFIELD COMPANY, Defendant-AppelleeCourt of Appeals for the Ninth Circuit · 1981
  5. Ticor Title Insurance Company v. Alvin Florida, Jr. Homer H. Shepard, and Jeffrey Anthony Deborah v. BlueCourt of Appeals for the Ninth Circuit · 1991

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