22 Cited authorities

Wilton v. Seven Falls Co.
515 U.S. 277 (1995) Cited 4,377 times 7 Legal Analyses
Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
Beacon Theatres v. Westover
359 U.S. 500 (1959) Cited 1,610 times 3 Legal Analyses
Holding that jury trial was required where legal and equitable claims both turned on the reasonableness of certain exclusive rights afforded to a theater to show first-run movies, which involved gauging the level of competition between two theaters
Ross v. Bernhard
396 U.S. 531 (1970) Cited 1,008 times 2 Legal Analyses
Holding that the derivative nature of the plaintiffs' shareholder suit was not relevant to the question of whether a jury trial attached to their cause of action under the Seventh Amendment and observing that the same is true of a party's status as an intervenor
Guajardo v. Estelle
580 F.2d 748 (5th Cir. 1978) Cited 201 times
Holding that the use of a negative mail list to eliminate any prisoner correspondence with those on the outside who affirmatively indicate that they do not wish to receive correspondence from a particular prisoner does not violate a prisoner's First Amendment rights
Swofford v. B W, Incorporated
336 F.2d 406 (5th Cir. 1964) Cited 297 times
Holding there is no right to a jury trial for attorney's fees under § 285
Daniel Intern. Corp. v. Fischbach Moore
916 F.2d 1061 (5th Cir. 1990) Cited 125 times
Holding that even though movant did not move under Rule 39, the wording of the rule permitted a district court discretion to relieve a party from waiver of a jury trial right.
COX v. C. H. MASLAND SONS, INC
607 F.2d 138 (5th Cir. 1980) Cited 89 times
In Cox v. C.H. Masland Sons, Inc., 607 F.2d 138 (1979), we reversed the district court's decision to remove a case from its jury calendar, although it had initially granted the plaintiff's untimely demand for jury trial.
Terrell v. DeConna
877 F.2d 1267 (5th Cir. 1989) Cited 64 times
Holding that a wife bringing a loss-of-consortium claim cannot relitigate issues that had been decided in her husband's personal injury suit
Solis v. Bruister
CIVIL ACTION NO.: 4:10cv77-DPJ-FKB (S.D. Miss. Mar. 8, 2012) Cited 20 times
Finding no need to strike the defense where defendants conceded that they were "bound by the requirements and conditions in Federal Rules of Civil Procedure pertaining to possible future amendments of their Answer"
Thermo-Stitch, Inc. v. Chemi-Cord Processing
294 F.2d 486 (5th Cir. 1961) Cited 85 times
In Thermo-Stitch, Inc. v. Chemi-Cord Processing Corp., 294 F.2d 486 (5th Cir.1961), the Fifth Circuit squarely faced the issue of whether equitable issues could be severed from issues at law for a non-jury trial.
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 355,868 times 945 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,233 times 91 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 50,495 times 24 Legal Analyses
Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,926 times 62 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 39 - Trial by Jury or by the Court
Fed. R. Civ. P. 39 Cited 1,847 times 10 Legal Analyses
Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"

Google Inc. v. Hood

22 Cited authorities

Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

Holding that jury trial was required where legal and equitable claims both turned on the reasonableness of certain exclusive rights afforded to a theater to show first-run movies, which involved gauging the level of competition between two theaters

Holding that the derivative nature of the plaintiffs' shareholder suit was not relevant to the question of whether a jury trial attached to their cause of action under the Seventh Amendment and observing that the same is true of a party's status as an intervenor

Holding that the use of a negative mail list to eliminate any prisoner correspondence with those on the outside who affirmatively indicate that they do not wish to receive correspondence from a particular prisoner does not violate a prisoner's First Amendment rights

Holding there is no right to a jury trial for attorney's fees under § 285

Holding that even though movant did not move under Rule 39, the wording of the rule permitted a district court discretion to relieve a party from waiver of a jury trial right.

In Cox v. C.H. Masland Sons, Inc., 607 F.2d 138 (1979), we reversed the district court's decision to remove a case from its jury calendar, although it had initially granted the plaintiff's untimely demand for jury trial.

Holding that a wife bringing a loss-of-consortium claim cannot relitigate issues that had been decided in her husband's personal injury suit

Finding no need to strike the defense where defendants conceded that they were "bound by the requirements and conditions in Federal Rules of Civil Procedure pertaining to possible future amendments of their Answer"

In Thermo-Stitch, Inc. v. Chemi-Cord Processing Corp., 294 F.2d 486 (5th Cir.1961), the Fifth Circuit squarely faced the issue of whether equitable issues could be severed from issues at law for a non-jury trial.

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

Granting district courts the authority to create a remedy with the force of a final judgment

Granting the trial court the power to determine that "a right of trial by jury of some or all of those issues does not exist under the Constitution or statutes of the United States"