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Jury Waiver Agreements Revisited ( March 2005 )
Last January, we discussed the emergence of jury waiver agreements. (See Steering Clear of the Runaway Jury, Thompson Coe Labor & Employment News, Vol. 5, Issue 1). Jury waiver agreements are contractual agreements in which the parties agree that if a dispute arises and suit is filed, the parties waive their right to a trial by jury. The case is still filed in court, but if the matter proceeds to trial, the trial judge hears the testimony and decides the case. -
For The California Supreme Court, Predispute Contractual Waiver of Right to Jury Trial Are Not Enforceable in Civil Actions Under California Law ( August 2005 )
On August 4, 2005, the California Supreme Court issued a long-awaited decision in Grafton Partners L.P. v. The Superior Court of Alameda County (PriceWaterhouseCoopers L.L.P.), Case No. S123344, and held unequivocally that a predispute contractual waiver of the right to a jury trial is not enforceable in a civil action in California. -
Predispute Waiver of Jury Trial Found UnenforceableUnder California Law ( February 2004 )
On February 6, 2004, a California Court of Appeals, in <i>Grafton Partners LP v. PricewaterhouseCoopers LLP,</i> ruled that under the California Constitution contractual <i>predispute</i> jury waivers are unenforceable. In doing so, the Court indicated that a 1991 Second District Appellate Court decision, <i>Trizec Properties Inc. v. Superior Court,</i> was wrongly decided.
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