Effectiveness of jury trial waiver
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This is an open issue in West Virginia. State ex rel. Dunlap v. Berger, 211 W. Va. 549, 561, 567 S.E.2d 265, 277 (2002) [W]e do not believe that in deciding the instant case we should unnecessarily reach the issue of to what extent, under the FAA, West Virginia's constitutional policy giving her citizens the waivable entitlement to seek justice in the public court system may permissibly factor into judicial scrutiny of the conscionability of a provision in a contract of adhesion purporting to waive that entitlement.
Comments
The standard is most likely whether the waiver was “knowing and intelligent[.]” Id. at n.7.
Contributors
Steven N. Leitess
Leitess Friedberg PC
The statutory information was edited and reviewed with the support of MultiState
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