Ruling Voids Jury Waivers, Sounds Alarm

by Mark Friedman  on Monday, Dec. 18, 2017 12:00 am   3 min read

Arkansas Supreme Court Associate Justice Karen Baker wrote the majority opinion on a 4-3 decision that contractual waivers of the right to a jury trial are not enforceable. Attorney Robert T. Smith said people were caught "off guard" by the decision. Randy Zook, CEO of the Arkansas State Chamber of Commerce, said the ruling took him by surprise.

The Arkansas Supreme Court ruled earlier this month that contractual waivers of the right to a jury trial are not enforceable, triggering concerns from attorneys and business leaders because just about every commercial contract has a provision that contains that waiver.

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