Federal Judiciary

Jury Demand and "Negative Defenses" Stricken

By Michael Smith

F.T.C. v. Think All Pub., L.L.C., 2008 WL 793579(E.D.Tex. Mar 24, 2008) (NO. 4:07-CV-011)
Judge: Richard Schell
Holding: Plaintiff's Motion to Strike Defendants' Demand for a Jury Trial and Affirmative Defenses GRANTED in part
Plaintiff Federal Trade Commission (?FTC?) brought this action against the defendants.  Defendants demanded a jury trial, but Judge Schell noted that the statute in question does not provide a right to a trial by jury.  With respect to the various defenses the FTC asked to be stricken, Judge Schell ordered seven stricken as they were essentially "negative defenses", but allowed two to remain.

Full post as published by Eastern District of Texas Federal Court Practice on June 04, 2008 (boomark / email).