Does a third party defendant's failure to urge a jury trial in the subsequent proceeding constitute a waiver of this "vital and cherished right"?
MultiRegion, United States of America
The following excerpt is from Rosen v. Dick, 639 F.2d 82 (2nd Cir. 1981):
While (the third-party defendant's) failure explicitly to urge its original demand in the subsequent proceedings added to the confusion surrounding the issue of jury trial, it cannot be considered a waiver of this "vital and cherished right." City of Morgantown v. Royal Ins. Co., 337 U.S. 254, 258, 69 S.Ct. 1067, 1069, 93 L.Ed. 1347 (1949).
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