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- Title
Is the Jury Still Out? The Controversy Over The Traditional Rule Requiring a Non-Jury Trial in Marine Insurance Declaratory Judgment Actions in Federal Court.
- Authors
Goldman, Steven E.; Goldman, Michael I.
- Abstract
The article discusses the issue concerning the traditional practice that require a non-jury trial in marine insurance coverage litigation in the U.S. It cites that the Seventh Amendment of the U.S. constitution denies the defendant the right to a jury trial when the plaintiff chooses to advance a declaratory judgment action and asks for a bench trial. Information is given on the case, In re Lockheed Martin Corp., wherein the right to a jury trial was denied when the defendant/insured also filed a counterclaim against the plaintiff.
- Subjects
UNITED States; MARINE insurance -- Law &; legislation; MARITIME contracts; LOCKHEED Martin; MARINE insurance policies; ACTIONS &; defenses (Law)
- Publication
Journal of Maritime Law & Commerce, 2010, Vol 41, Issue 1, p117
- ISSN
0022-2410
- Publication type
Article