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The Bank of New York Mellon v. WMC Mortgage, LLC et al

MEMORANDUM OF LAW in Support re: 195 MOTION for a Jury Trial . . Document

27 Cited authorities

  1. Pioneer Investment Services Company v. Brunswick Associates Limited Partnership

    507 U.S. 380 (1993)   Cited 7,704 times   14 Legal Analyses
    Holding that clients must be held accountable for the acts and omissions of their attorneys

  2. Beacon Theatres v. Westover

    359 U.S. 500 (1959)   Cited 1,598 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

  3. Pereira v. Farace

    413 F.3d 330 (2d Cir. 2005)   Cited 161 times   1 Legal Analyses
    Holding that Great-West impacted Seventh Amendment analysis of restitution as legal or equitable remedy

  4. McGuire v. Russell Miller, Inc.

    1 F.3d 1306 (2d Cir. 1993)   Cited 189 times   1 Legal Analyses
    Holding that in a fee application based on contract, "the judge determines the amount of attorneys' fees owed . . . after the liability for such fees is decided at a trial, whether bench or jury"

  5. Brown v. Sandimo Materials

    250 F.3d 120 (2d Cir. 2001)   Cited 87 times
    Holding that a parallel claim in equity will not impair a plaintiff's right to a jury trial on its legal claims

  6. Raymond v. International Business Machines

    148 F.3d 63 (2d Cir. 1998)   Cited 63 times
    Holding that a court could order a jury trial due to excusable neglect, considering factors such as prejudice, reason for delay, duration, and whether the movant acted in good faith

  7. Wright v. Lewis

    76 F.3d 57 (2d Cir. 1996)   Cited 59 times
    Noting that the granting of in forma pauperis status "shifted the responsibility for serving the complaint from [the plaintiff] to the court"

  8. Cascone v. Ortho Pharmaceutical Corp.

    702 F.2d 389 (2d Cir. 1983)   Cited 85 times
    Referring to § 4102(e) as "a broad grant of discretionary power."

  9. Higgins v. Boeing Co.

    526 F.2d 1004 (2d Cir. 1975)   Cited 79 times
    In Higgins, by contrast, the plaintiff originally filed in a state tribunal but was taken to a different jurisdiction, perhaps against his will, but, in any event, to a forum not of his choosing.

  10. Wells Fargo Bank, N.A. v. Bank of Am., N.A.

    11 Civ. 4062 (JPO) (S.D.N.Y. Jan. 31, 2013)   Cited 17 times
    Finding that the potential right to subrogation did not demonstrate that the defendant did not breach the provision in the agreement to provide a first prior lien free and clear of any liens, claims or encumbrances or the warranty that plaintiff had the ability to foreclose on the property and realize the benefits of a party with a first lien

  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,010 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  12. Rule 81 - Applicability of the Rules in General; Removed Actions

    Fed. R. Civ. P. 81   Cited 3,697 times   6 Legal Analyses
    Recognizing that the Federal Rules of Civil Procedure "apply to proceedings for habeas corpus . . . to the extent that the practice in those proceedings: is not specified in a federal statute, the Rules Governing Section 2254 Cases, or the Rules Governing Section 2255 Cases; and (B) has previously conformed to the practice in civil actions."

  13. Rule 38 - Right to a Jury Trial; Demand

    Fed. R. Civ. P. 38   Cited 2,260 times   9 Legal Analyses
    Explaining that a party waives its right to a jury trial by failing to properly request one

  14. Rule 39 - Trial by Jury or by the Court

    Fed. R. Civ. P. 39   Cited 1,804 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"