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Runaway Jury Waivers: Pre-dispute Waivers May No Longer Be Enforceable Under California LawBy Christine A. Scheuneman of Pillsbury Winthrop Shaw Pittman LLPFor many years, the real estate industry has taken for granted that pre-dispute jury waivers negotiated in leases, purchase and sale agreements and loan documents will be enforced in California. These waivers have been widely used to resolve disputes by the court, while avoiding many of the potential perils of a trial by jury, such as excessive or inadequate damage awards, jury nullification, bias or prejudice against corporations, delay, inconsistent fact finding, misunderstanding of the law and outright juror misconduct.
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