New West, L.P., et al. v. City of Joliet, Illinois, et al.
1. When a single district court Judge has control over all legal and equitable claims before it in a single proceeding, even though the proceeding involves separate actions, can that Judge avoid the mandate of Beacon Theatres, Inc. v. Westover, 359 U.S. 500 (1959) that the discretion to deprive a party of a jury trial "is very narrowly limited and must, wherever possible, be exercised to preserve jury trial"?
2. Should Parklane Hosiery Co. v. Shore, 439 U.S. 322 (1979) be extended so that a jury trial of legal claims can be lost through a prior determination of equitable claims in the absence of imperative circumstances and where all claims are before the same Judge at all times?
When a single district court Judge has control over all legal and equitable claims before it in a single proceeding, even though the proceeding involves separate actions, can that Judge avoid the mandate of Beacon Theatres, Inc. v. Westover, 359 U.S. 500 (1959) that the discretion to deprive a party of a jury trial 'is very narrowly limited and must, wherever possible, be exercised to preserve jury trial'?