Flashcards Studio

A software developer sued a retailer in federal court for breach of a license agreement, seeking $900,000 in unpaid fees and an injunction barring further use of the software. The retailer counterclaimed for rescission based on alleged fraud and also sought damages for lost sales during system outages. Neither party demanded a jury in the complaint, answer, or counterclaim. Twenty-five days after the retailer served its answer to the developer's reply to the counterclaim, the retailer demanded a jury on all issues.
The developer moved to strike the jury demand as late and asked the court to decide the rescission and injunction issues first. The retailer asked the court to order a jury trial despite any waiver, arguing that the damages issues and the factual fraud issues overlap with the equitable claims. The developer says that because the case includes an injunction and rescission, the judge may decide all issues without a jury.
How should the court resolve the jury-trial issues? Discuss the legal and equitable claims, Rule 38 timing and waiver, Rule 39 discretion, and the order of trial for overlapping legal and equitable issues.