Showing posts with label Avoid Trial. Show all posts
Showing posts with label Avoid Trial. Show all posts

Saturday, October 15, 2011

Owners of the Mets are seeking to avoid a jury trial


The owners of the Mets are seeking to avoid a jury trial in the case filed against them by the trustee for the victims of Bernard L. Madoff’s fraud. The owners could be forced to pay hundreds of millions of dollars in the case.

In papers filed Friday in Federal District Court in Manhattan, lawyers for the team’s owners said that the trustee, Irving H. Picard, “is not entitled to a jury trial” because the two remaining claims arise out of the bankruptcy code. Generally, bankruptcy courts are not authorized to conduct jury trials.

They are saying, in essence, that a case that started in Federal Bankruptcy Court but is now being heard in United States District Court should be tried under bankruptcy rules by Judge Jed S. Rakoff. Picard responded with a request for a jury trial. “Despite the defendants’ trepidation to submit to a jury’s judgment, the trustee’s constitutional right remains,” his filing said. “Nothing here impedes that.”

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