Ten years ago, I questioned in this space whether a Delaware forum selection charter provision would survive constitutional scrutiny if it involved a de facto waiver of a jury trial:
Don't Say You Weren't Warned! Court Of Appeal Declines To Enforce Delaware Forum Selection Clause In Delaware Corporation's Certificate Of Incorporation
Posted on September 22, 2023
Court Of Appeal Voids Jury Trial Waiver Notwithstanding New York Choice of Law
Posted on February 02, 2017
A New York state of mind, but California dreaming
