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California Invalidates Contractual Jury Trial Waivers

August 17, 2005

By Hydee R. Feldstein and Stephen L. Sepinuck

In a stunning decision, the Supreme Court of California ruled that contractual waivers of the right to a jury trial are unenforceable under California law. The August 4th decision, in the case of Grafton Partners L.P. v Superior Court of Alameda County, concludes that, under current statutory authority, the right to a trial by a jury cannot be waived even in a commercial contract until after a dispute arises.

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