Waived Your Right to Trial by Jury in Federal Court? Relief is Likely Available under Rule 39(B). Steven Corhern and John Collier Share Insights in American Bar Association TIPS Newsletter

Steven Corhern, partner, and John Collier, attorney, both members of the firm’s Litigation Practice, co-authored an article for the Business Litigation Committee of the American Bar Association (ABA) Tort Trial and Insurance Practice Section (TIPS) outlining how relief may be available for parties who have waived their right to a jury trial.

In the article, John and Steven explain that under Federal Rule of Civil Procedure 39(b), a federal judge has broad discretion to allow a jury demand, even if no demand under Rule 38. John and Steven’s article outlines three key questions to ask when considering relief under Rule 39(b).

1. Have I waived my right to a jury trial?

2. What is my circuit’s approach to Rule 39(b) relief?

3. What factors will the Court Balance?

Steven’s practice focuses on toxic torts, e-discovery, and insurance coverage. He is a Vice Chair on the Business Litigation Committee and Insurance Coverage Litigation Committees of TIPS and is an adjunct professor for e-discovery at the Cumberland School of Law. Before joining Balch, Steven clerked for the Honorable Emmett R. Cox on the Eleventh Circuit. 

John works on a variety of civil litigation matters for institutional, private, and agency clients. He assists clients during all phases of litigation in both state and federal courts.