In re: Borowiak IGA Foodliner, Inc., No. 17-2875 (8th Cir. 2018)
Annotate this CaseThe Eighth Circuit granted Borowiak's petition for mandamus in an underlying action involving claims related to a supply agreement between the parties. Borowiak sought to vacate an order of the district court that granted a motion to strike Borowiak's jury demand and to require the district court to reinstate a jury trial. The court held that Borowiak's right to a jury trial was clear and indisputable under the rules of civil procedure on the record in this case and it had no other means to attain the relief desired. Accordingly, the court directed the district court to reinstate the jury trial consistent with AFM/AWG's jury trial demand.
Court Description: Per Curiam - Before Colloton, Murphy and Kelly, Circuit Judges] Petition for a Writ of Mandamus. The district court is directed to reinstate a jury trial consistent with defendant's jury trial demand on matters triable to a jury; see opinion for further details. [ January 03, 2018
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