Jury Waiver

"It is not against public policy to waive the right to jury trial in Texas.

In In re Prudential Insurance Co. of America, 148 S.W.3d 124 (Tex. 2004), the Supreme Court of Texas held that while a jury waiver obtained by coercion would not be enforced, a jury trial waiver was enforceable, even if it was part of an agreement that was fraudulently induced. In In In re Bank of America, N.A., 278 S.W.3d 342 (Tex. 2009), the Supreme Court of Texas held that Prudential did not impose a presumption against the vendor to prove that the waiver contained in a contract was knowingly and voluntarily entered into by the purchasers.

The Supreme Court of Texas has reaffirmed that mandamus relief is available to correct a clear abuse of discretion by the trial court when it fails to enforce a valid jury trial waiver. In re Frank Kent Motor Company, 361 S.W.3d 628 (Tex. 2012)."