28 U.S.C. § 2402
Jury trial in actions against United States
Subject to chapter 179 of this title, any action against the United States under section 1346 shall be tried by the court without a jury, except that any action against the United States under section 1346(a)(1) shall, at the request of either party to such action, be tried by the court with a jury.
Notes of Decisions
Cited in 348
cases (60 in the last 5 years), 1949–2026 · leading case: Carlson v. Green, 446 U.S. 14 (1980).
Carlson v. Green, 446 U.S. 14 (1980). “Third, a plaintiff cannot opt for a jury in an FTCA action, 28 U. S. C. § 2402 , as he may in a Bivens suit.”
Lehman v. Nakshian, 453 U.S. 156 (1981). “28 U. S. C. § 2402 . [8] *162 The appropriate inquiry, therefore, is whether Congress clearly and unequivocally departed from its usual practice in this area, and granted a right to trial by jury when it amended the ADEA.”
Sysco Food Servs., Inc. v. Trapnell, 890 S.W.2d 796 (Tex. 1995). “See 28 U.S.C.A. § 2402 (West 1978); O'Connor v.”
Bowen v. United States Postal Serv., 459 U.S. 212 (1983). “See 28 U. S. C. § 2402 ("Any action against the United States under section 1346 shall be tried by the court without a jury").”
Norman Birnbaum, B. Leonard Avery & Mary Rule MacMillen Plaintiffs v. United States, 588 F.2d 319 (2d Cir. 1978). “Although an advisory jury was empanelled, the District Judge, as required, tried the case himself, 28 U.S.C. § 2402 , and found that the United States was liable to each plaintiff individually for damages in the amount of $1,000.”
Mader v. United States, 654 F.3d 794 (8th Cir. 2011). “28 U.S.C. § 2402 ; Buchanan v. United States, 305 F.”
Kevin Brott v. United States, 858 F.3d 425 (6th Cir. 2017). “Congress’s conditional waiver of sovereign immunity from suits for money damages against the government also includes the requirement that claims brought in the Court of Federal Claims, or under the Little Tucker Act, shall be tried without a jury.”
Liranzo v. United States, 690 F.3d 78 (2d Cir. 2012). “See 28 U.S.C. § 2402 . 6 . The United States’ sovereign immunity from suit is ultimately derived from English common law.”
Trapnell v. Sysco Food Servs., Inc., 850 S.W.2d 529 (Tex. App. 1993). “It involved the plaintiffs against the Navy. There was no right to trial by jury because, the United States, as a limited waiver of its right to sovereign immunity, granted the plaintiffs the right to sue it on the condition that the suit be tried before a federal judge.”
Denson v. United States, 574 F.3d 1318 (11th Cir. 2009). “See 28 U.S.C. § 2402 . [46] Nothing in the pretrial or trial records indicates that Flynn played a role in any way, directly or indirectly, in any of the events on which Denson based her claims against any of the defendants named in her complaint.”
Bird v. Best Plumbing Grp., LLC, 287 P.3d 551 (Wash. 2012). “The action in federal court was tried first without a jury, as required by 28 U.S.C. § 2402 , and the court found damages totaling over $3 million.”
Andrade v. Chojnacki, 338 F.3d 448 (5th Cir. 2003). “28 U.S.C. § 2402 (2000). Notwithstanding the clear congressional mandate that claims against the federal government are to be tried to the bench, Appellants moved for the empaneling of an advisory jury; over the government’s objection, Judge Smith honored the request.”
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