Legal Opinion
In Re Robert L. Jensen and Martha S. Jensen
Court of Appeals for the Fifth Circuit
Decided October 22, 1991No. 90-5627PublishedCited by 66 opinions
1Opinion of the Court
PATRICK E. HIGGINBOTHAM, Circuit Judge:
This petition for mandamus poses two questions regarding the Seventh Amendment right to trial by jury of all suits at common law. The first question is whether petitioners’ claims are legal or equitable in nature. We find that under the Supreme Court’s test in Granfinanciera v. Nordberg, 492 U.S. 33, 109 S.Ct. 2782, 106 L.Ed.2d 26 (1989), at least some of petitioners’ claims are properly considered legal in character and hence triable before a jury. We therefore must consider a second question: whether by filing a petition in bankruptcy, petitioners lost…
2Cases cited10 opinions
- Beacon Theatres, Inc. v. WestoverSupreme Court of the United States · 1959
- United States v. Whiting Pools, Inc.Supreme Court of the United States · 1983
- Granfinanciera, S.A. v. NordbergSupreme Court of the United States · 1989
- Dairy Queen, Inc. v. WoodSupreme Court of the United States · 1962
- Curtis v. LoetherSupreme Court of the United States · 1974
5 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Southmark Corp. v. Coopers & LybrandCourt of Appeals for the Fifth Circuit · 1999
- Matter of Haber Oil Co., Inc.Court of Appeals for the Fifth Circuit · 1994
- Thomas M. Germain, Trustee for the Estate of O'sullivan's Fuel Oil Co., Inc. v. The Connecticut National BankCourt of Appeals for the Second Circuit · 1993
- Billing v. Ravin, Greenberg & Zackin, P.A.Court of Appeals for the Third Circuit · 1994
- U.S. Bank National Ass'n v. Verizon Communications, Inc.Court of Appeals for the Fifth Circuit · 2014
61 more not listed; retrieve them via the Exa API.