Litigation
Mar. 16, 2006
If the Gist of a Cause of Action Is Legal, Then a Jury Is Proper
Focus Column - By John A. Sturgeon - 'But I requested a jury," cried the disappointed plaintiffs' lawyer. "The gist of your action is equitable, and the equitable issues will be tried first by the court," ruled the judge. Unfortunately for the lawyer, disappointment cannot change the law.
By John A. Sturgeon
'But I requested a jury," cried the disappointed plaintiffs' lawyer. "The gist of your action is equitable, and the equitable issues will be tried first by the court," ruled the judge. Unfortunately for the lawyer, disappointment cannot change the law.
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