In Grafton Partners L.P. v. Superior Court, 36 Cal.4th 944 (2005), the California Supreme Court found that pre-dispute contractual jury trial waivers were unconstitutional under Article 1, Section 16 of the California Constitution. In 2019, I penned...
In California, Pre-dispute Jury Trial Waivers Are No Laughing Matter.
Posted on November 18, 2024
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
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:
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
