CHAPTER 12 USE OF JURIES IN ENVIRONMENTAL CASES

• Jurisdiction: United States

Natural Resources & Environmental Litigation II
(May 1996)
CHAPTER 12
USE OF JURIES IN ENVIRONMENTAL CASES
Robert T. McAllister
McAllister & Murphy, P.C.
Denver, Colorado

I. JURY DEMAND

A. A party may demand a trial by jury of any issue triable of right by a jury by serving a written jury demand after the commencement of the action but no later than 10 days after the service of the last pleading. Fed.R.Civ.P.3 8(a).

B. Failure to serve and file a jury demand constitutes a waiver by the party of a trial by jury. Fed.R.Civ.P.3 8(d).

II. LEGAL V. EQUITABLE CLAIMS

A. In determining whether a litigant is entitled to a jury trial, the Court should consider whether the relief sought is legal or equitable in nature. See United States v. Mottolo, 605 F. Supp. 898, 913 (D. N.H. 1985).

B. Generally, claims seeking legal relief are entitled to trial by jury while claims seeking equitable relief are not. See U.S. Const. amend. VII.

C. Claims seeking the recovery of response costs under section 107 of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S.C. §§ 9607-75 , have been held to be equitable in nature...