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Jury Waivers Borrowers

Snell & Wilmer

There is No Crying in Baseball . . . Facility Construction

Snell & Wilmer on

The Utah Court of Appeals recently decided Camco Construction, Inc., et al. v. Utah Baseball Academy, Inc., et al., 863 Utah Adv. Rep. 58, 2018 UT App 78. The case involved the plan of Athletic Performance Institute LLC...more

Goodwin

Recent California Court of Appeal Decision Invalidates Jury Trial Waiver Made Under New York Law

Goodwin on

A recent California Court of Appeal decision may have a major impact on the enforceability of jury trial waivers in loan agreements and other documents governed by New York law. In Rincon EV Realty LLC v. CP III Rincon...more

Bradley Arant Boult Cummings LLP

Servicers Beware: Courts Rule Non-Parties Cannot Invoke Jury Trial Waiver

In Florida, courts routinely enforce jury trial waiver provisions found in loan agreements, which are generally valid and enforceable. This is true even with respect to fair debt actions. However, because there is generally a...more

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