United States Ninth Circuit

Under Federal Rule of Civil Procedure 38, plaintiff reasonably relied on defendant's jury trial demand "as to all counterclaims," which preserved its right to a jury trial on the claims plead in its original complaint.

Appellate Information

• Argued 02/08/2005
• Decided 05/06/2005
• Published 05/06/2005

Judges

• PREGERSON, Circuit Judge., Before: PREGERSON, CANBY, JR., Circuit Judges, and REED, JR., District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Steven Brower (argued) and Robert M. Dato (briefed), Stephan, Oringher, Richman & Theodora, Costa Mesa, CA, for the plaintiff-appellant.


• For Appellees:
  
• Richard A. Ejzak, Cohen & Grigsby, Pittsburgh, PA, for the defendants-appellees.