Bench-Trial Agreements Upheld...

Posted on January 16, 2008 by Ashley Brandt
    Yesterday's Seventh Circuit opinion, IFC Credit v. United Business, should be of interest to anyone out there contracting and agreeing to waive a trial by jury.  The Court found that state law will control a determination about the validity of bench-trial agreements (jury-waiver clauses) in federal cases brought under diversity jurisdiction. 

    Apparently, it may create a possible circuit split between the Courts as well. 

    The failure to have an attorney review or negotiate the terms of a contract appear to no longer be a decent defense to jury-waiver clauses.


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