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Lewis v. Time, Inc.

United States Court of Appeals for Ninth Circuit
710 F.2d 549 (1983)


After TIME magazine published an article critical of attorneys that specifically identified attorney Jerome Lewis (plaintiff) by name, Lewis sued Time, Inc. (defendant) in a California state court. After answering Lewis’s complaint, Time removed the case to federal court. Approximately nine months after Time’s answer was served, Lewis requested a jury trial. Lewis had not demanded a jury trial prior to the case’s removal from state court. Given the lateness of his request, Lewis moved the federal court for relief from the untimeliness of his jury demand. The court initially granted Lewis’s motion but then reconsidered and denied it, on its own motion. After granting partial summary judgment to Time as to most of Lewis’s claim, the court held a nonjury trial and rendered a decision in favor of Time. Lewis appealed.

Rule of Law


Holding and Reasoning (Duniway, J.)

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