This Comment examines the growing trend to strike jury demands in complex commercial litigation. The first section reviews the historical background of the seventh amendment right to jury trial. The second section examines Ross v. Bernhard, the leading Supreme Court precedent on the right. The writer next explores the five recent lower court cases dealing with a motion to strike jury demand. Finally the writer critically evaluates the new trend and demonstrates that Ross has been misinterpreted.
Tina M. Pivonka,
The Right to Jury Trial in Complex Civil Litigation,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol16/iss5/9