The U.S. Court of Appeals for the Eighth Circuit recently reinforced the importance of a plaintiff asking for a jury trial either in the pleadings or within 14 days after service of the pleadings, as required by Rule 38(b)(1), or through a formal motion, as allowed under Rule 39(b). Relying on an opposing party’s consent to a belated request for a jury trial—without making a formal submission to the court—is not enough.
In E&I Global Energy Services v. Liberty Mutual Insurance, 134 F.4th 504 (8th Cir. 2025), plaintiff-appellants E&I Global Energy Services, Inc. and E&C Global LLC (plaintiffs) appealed the district court’s findings following a bench trial. The case arose out of the plaintiffs’ work as subcontractors on the Western Area Power Administration’s (WAPA) VT Hanson Substation project in Montrose, South Dakota. WAPA terminated its contractor for failure to complete the project, triggering a performance bond from the defendant-appellee Liberty Mutual Insurance (Liberty). Through a series of agreements, the plaintiffs stayed on to finish the project, and Liberty agreed to pay them. Later, WAPA terminated the plaintiffs for failure to complete the project by the completion date.