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.)
What to do next…
Unlock this case brief with a free (no-commitment) trial membership of Quimbee.
You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 97,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.
Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.
Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.
Here's why 175,000 law students have relied on our case briefs:
- Written by law professors and practitioners, not other law students. 14,000 briefs, keyed to 188 casebooks. Top-notch customer support.
- The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
- Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
- Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.