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Barber & Ross v. Wachovia Bank (In re Barber & Ross) (Case No. 07-50546; A.P. No. 09-05083) 06/29/2010

Defendant filed motion to strike jury demand and plaintiff’s prayer for punitive damages.  In its answer, the defendant did not specifically respond to the jury demand request made in the complaint.  Additionally, a statement of the kind referred to in Bankruptcy Rule 9015 and Local Rule 9015-1 was filed indicating the parties’ consent to jury trial. Court held that the defendant was bound by its earlier pleadings filed in the case and denied the motion to strike the jury demand.  Court held that punitive damages motion was premature, but could be renewed at trial at the conclusion of the evidence.

Date: 
Tuesday, June 29, 2010
Category: 
Jury Demand
Punitive Damages
Chapter: 
11