The Grafton Case: Pre-dispute Jury Trial Waivers are Unenforceable
On August 4, 2005, the Supreme Court of California held that pre-dispute waivers of the right to a jury trial are unenforceable under California law. Grafton Partners L.P. v. Superior Court. The court based its ruling on California statutory construction and constitutional law principles. It held that the relevant statute, Section 631(d)(2) of the California Code of Civil Procedure, does not provide for pre-litigation jury trial waivers. It also held that the California Constitution does not permit the right to a jury trial to be waived absent an explicit statutory authorization.
Continue Reading Questions & commentsCommissioner Of Corporation's Authority To Audit Is Preempted By Federal Law
Does the National Bank Act and OCC regulations preempt the authority of the California Commission of Corporations to audit an operating subsidiary of a national bank?
Yes, according to the Ninth Circuit Court of Appeals in Wells Fargo Bank N.A. v. Boutris, 05 C.D.O.S. 7154 (Aug. 12, 2005).
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