context: Indeed, the district court noted the vigor with which defense counsel requested a jury trial and the timeliness of plaintiffs' counsel's exception to the court's ruling. Plaintiffs were not required to walk out of the courtroom rather than to proceed with the bench trial in order to preserve their right to claim on appeal that they had been denied the jury trial that had been demanded.
citation_a.signal: see
citation_a.identifier: 652 F.2d 893, 896
citation_a.parenthetical: "[A] party's acquiescence to the district court's maintenance of a bench trial, without more, is insufficient to establish a withdrawal of a jury demand."
citation_a.sentence: See, e.g., Palmer v. United States, 652 F.2d 893, 896 (9th Cir.1981) (“[A] party’s acquiescence to the district court’s maintenance of a bench trial, without more, is insufficient to establish a withdrawal of a jury demand.”); see also DeGioia v. United States Lines Co., 304 F.2d 421, 424 n. 1 (2d Cir.1962) (failure to raise jury demand issue explicitly in subsequent proceedings does not constitute waiver); EEOC v. Corry Jamestown Corp., 719 F.2d 1219, 1225 (3d Cir.1983) (failure to seek mandamus or interlocutory appeal of court’s striking of jury demand does not constitute waiver).
citation_b.signal: see also
citation_b.identifier: 719 F.2d 1219, 1225
citation_b.parenthetical: failure to seek mandamus or interlocutory appeal of court's striking of jury demand does not constitute waiver
citation_b.sentence: See, e.g., Palmer v. United States, 652 F.2d 893, 896 (9th Cir.1981) (“[A] party’s acquiescence to the district court’s maintenance of a bench trial, without more, is insufficient to establish a withdrawal of a jury demand.”); see also DeGioia v. United States Lines Co., 304 F.2d 421, 424 n. 1 (2d Cir.1962) (failure to raise jury demand issue explicitly in subsequent proceedings does not constitute waiver); EEOC v. Corry Jamestown Corp., 719 F.2d 1219, 1225 (3d Cir.1983) (failure to seek mandamus or interlocutory appeal of court’s striking of jury demand does not constitute waiver).