Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
California Supreme Court Strikes Down Jury Waiver Clauses
The California Supreme Court has thrown a wrench into the California trial courts' long-accepted practice of enforcing contractual jury waivers by holding that such pre-dispute waivers do not effectively supersede a party's constitutional right to a jury trial. The court's conclusion is not surprising given the express provisions of the California Constitution, but it nonetheless sent a shockwave through the finance and leasing community.
In a unanimous opinion, the California high court held in Grafton Partners v. Superior Court (PricewaterhouseCoopers), [2005 DJDAR 9387 (Cal. Aug. 4, 2005)] that in the absence of any legislation expressly permitting parties to waive their constitutional right to a jury trial prior to the commencement of a lawsuit, pre-dispute jury waivers contained in contracts cannot be enforced by California trial courts. When parties to a contract have their disputes resolved in the courts of California, the California Constitution accords them the right to a jury trial, which can only be waived “by consent of the parties expressed as prescribed by statute.” (Cal. Const. art. I '16.) After considering the arguments of defendant PricewaterhouseCoopers, as well as the arguments presented in amicus briefs filed by 11 different organizations in favor of jury waivers, that California Code of Civil Procedure section 631 permits pre-dispute contractual jury waivers, the high court, applying established rules of statutory interpretation, found section 631 applies only to jury waivers made after a dispute arises between the parties and does not prescribe a method or right to waive a jury trial prior to a dispute arising between the parties.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Beach Boys Songs Written Decades Ago Triggered Current Quarrel With Lawyers
There's current litigation in the ongoing Beach Boys litigation saga. A lawsuit filed in 2019 against Nevada residents Mike Love and his wife Jacquelyne in the U.S. District Court for the District of Nevada that alleges inaccurate payment by the Loves under the retainer agreement and seeks $84.5 million in damages.
Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Transfer Tax Implications on Real Property Leases
The real property transfer tax does not apply to all leases, and understanding the tax rules of the applicable jurisdiction can allow parties to plan ahead to avoid unnecessary tax liability.