Choice of Law/Forum and Waiving the Right to a Jury Trial: California Courts Holds That the Former Cannot Do the Latter

Choice of Law/Forum and Waiving the Right to a Jury Trial: California Courts Holds That

the Former Cannot Do the Latter

Business Law Today, a publication of the Section of Business Law of the American Bar Association, has published a short article of mine, Choice of Law/Forum and Waiving the Right to a Jury Trial: California Courts Holds That the Former Cannot Do the Latter.  This article reviews a recent decision of a California court that is yet another cog in the disfunctional machine that is the relationship of the business law of Delaware (and by implication of every other state) and California.  In this case the plaintiff was a member of a Delaware LLC.  When he sued the LLC he claimed that he should not be required to litigate in the Delaware Chancery Court, which does not have juries, because under the California Constitution he has a right to a jury trial.

How the Delaware court will respond awaits to be seen.

            HERE IS A LINK to the article.