right to a jury trial is guaranteed by the Constitution, ordinarily, a party must demand a trial by jury not later than ten days after the service of the last pleading directed towards an issue. Fed.R.Civ.P. 38(b). According to Rule 38(b), failure to file a timely demand results in waiver of the right. Id.; K-Mart Corp. v. Oriental Plaza, Inc., 875 F.2d 907, 914 (1st Cir.1989). Amendments and supplemental pleadings do not extend the time to make a jury demand except as to “new issues” that are raised. Lutz v. Glendale Union High Sch., Dist. No. 205, 403 F.3d 1061, 1066 (9th Cir.2005) (finding that if additional claims are new issues under Rule 38(b), then the plaintiffs jury trial demand is timely as to them); First Wisconsin Nat’l Bank v. Klapmeier, 526 F.2d 77, 79-80 (8th Cir.1975) (<HOLDING>). Accordingly, amendments not introducing new
holding that an issue not raised on appeal is waived holding that defendant already waived jury trial on issues raised in original complaint but could get jury trial solely on new issue raised in amended answer holding that issues not raised in the trial court may not be raised later on appeal holding that issues not raised before the trial court cannot be raised on appeal holding that an issue not raised in the trial court cannot be raised for the first time on appeal