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 named Jerome Lewis (plaintiff), Lewis sued Time, Inc. (defendant) in California state court, and Time removed the case to federal court after answering the complaint. Lewis never demanded a jury trial before removal and waited roughly nine months after Time's answer to request one, then sought relief from his own untimeliness; the court initially granted that relief but reconsidered and denied it on its own motion. After granting Time partial summary judgment on most of Lewis's claims, the court held a nonjury trial and ruled for Time. Lewis appealed both the denial of a jury trial and the ultimate judgment.
Whether a federal court may decline to order a jury trial upon the plaintiff's untimely demand where the plaintiff's tardiness resulted from oversight or inadvertence.