45 Cited authorities

Pioneer Investment Services Company v. Brunswick Associates Limited Partnership
507 U.S. 380 (1993) Cited 7,772 times 14 Legal Analyses
Holding that clients must be held accountable for the acts and omissions of their attorneys
Beacon Theatres v. Westover
359 U.S. 500 (1959) Cited 1,599 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
Lytle v. Household Manufacturing, Inc.
494 U.S. 545 (1990) Cited 405 times
Holding that plaintiff's Seventh Amendment right to trial by jury of his § 1981 claim was infringed where collateral estoppel effect was given to the trial court's adverse findings on his Title VII claim
Byrd v. Blue Ridge Cooperative
356 U.S. 525 (1958) Cited 736 times
Holding that plaintiff in diversity suit was entitled to jury trial even though negligence claim would have been tried by judge in state court
Simler v. Conner
372 U.S. 221 (1963) Cited 524 times
Holding declaratory judgment action by client wherein client challenged the enforceability of a contingent fee retainer agreement "was in its basic character a suit to determine and adjudicate the amount of fees owing to a lawyer by a client under a contingent fee retainer contract, a traditionally `legal' action"
Dimick v. Schiedt
293 U.S. 474 (1935) Cited 682 times 1 Legal Analyses
Holding additur unconstitutional
Aetna Ins. Co. v. Kennedy
301 U.S. 389 (1937) Cited 519 times 1 Legal Analyses
Holding that the parties, by their request for directed verdicts, did not waive their right to trial by jury, and observing that "courts indulge every reasonable presumption against waiver"
Westchester v. Mamaroneck
504 F.3d 338 (2d Cir. 2007) Cited 143 times 2 Legal Analyses
Holding that there was a substantial burden on the plaintiff school, in part because the school had demonstrated that it was expanding and that its existing buildings did not have sufficient space
Lanza v. Drexel Co.
479 F.2d 1277 (2d Cir. 1973) Cited 338 times
Finding no new "issue" within the meaning of Rule 38 to warrant the revival of a jury demand where defendant "had been put on notice of the underlying facts and basic legal theory - fraud - upon which plaintiffs sought relief, and the character of the suit was in no way changed by the amendments"
Dominic v. Consolidated Edison Co of New York
822 F.2d 1249 (2d Cir. 1987) Cited 173 times
Holding an unfavorable transfer to constitute an adverse employment decision
Rule 6 - Computing and Extending Time; Time for Motion Papers
Fed. R. Civ. P. 6 Cited 48,995 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."
Rule 23 - Class Actions
Fed. R. Civ. P. 23 Cited 35,160 times 1237 Legal Analyses
Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"
Section 216 - Penalties
29 U.S.C. § 216 Cited 16,477 times 141 Legal Analyses
Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”
Section 206 - Minimum wage
29 U.S.C. § 206 Cited 8,872 times 100 Legal Analyses
Asking only whether the alleged inequality resulted from “any other factor other than sex”
Rule 38 - Right to a Jury Trial; Demand
Fed. R. Civ. P. 38 Cited 2,270 times 9 Legal Analyses
Explaining that a party waives its right to a jury trial by failing to properly request one
Rule 39 - Trial by Jury or by the Court
Fed. R. Civ. P. 39 Cited 1,818 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"
Section Amendment VII - Civil Trials
U.S. Const. amend. VII Cited 1,481 times 1 Legal Analyses
Preserving the right to trial by jury for "[s]uits at common law, where the value in controversy shall exceed twenty dollars"
Section 4102 - Demand and waiver of trial by jury; specification of issues
N.Y. CPLR 4102 Cited 260 times
Requiring jury demand upon the filing of the note of issue

Grant v. Warner Music Group Corp. et al

45 Cited authorities

Holding that clients must be held accountable for the acts and omissions of their attorneys

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 plaintiff's Seventh Amendment right to trial by jury of his § 1981 claim was infringed where collateral estoppel effect was given to the trial court's adverse findings on his Title VII claim

Holding that plaintiff in diversity suit was entitled to jury trial even though negligence claim would have been tried by judge in state court

Holding additur unconstitutional

Holding that the parties, by their request for directed verdicts, did not waive their right to trial by jury, and observing that "courts indulge every reasonable presumption against waiver"

Holding that there was a substantial burden on the plaintiff school, in part because the school had demonstrated that it was expanding and that its existing buildings did not have sufficient space

Finding no new "issue" within the meaning of Rule 38 to warrant the revival of a jury demand where defendant "had been put on notice of the underlying facts and basic legal theory - fraud - upon which plaintiffs sought relief, and the character of the suit was in no way changed by the amendments"

Holding an unfavorable transfer to constitute an adverse employment decision

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."

Holding that, to certify a class, the court must find that "questions of law or fact common to class members predominate over any questions affecting only individual members"

Holding employers liable for “unpaid minimum wages, or their unpaid overtime compensation”

Asking only whether the alleged inequality resulted from “any other factor other than sex”

Explaining that a party waives its right to a jury trial by failing to properly request one

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"

Preserving the right to trial by jury for "[s]uits at common law, where the value in controversy shall exceed twenty dollars"

Requiring jury demand upon the filing of the note of issue