Delaware Court of Chancery California Judge Says Right to Jury Trial Overrides Agreement to Litigate in Delaware
One attorney in the case said the California case calls into question how courts in many states with constitutional rights to jury trial may evaluate forum selection clauses that specify Delaware Chancery Court as a jurisdiction.
August 07, 2020 at 02:52 PM
5 minute read
A California plaintiff can't be made to take his case to the Delaware Court of Chancery, a Los Angeles County Superior Court judge has ruled in what that plaintiff's attorney says is likely the first decision to address the issue.
The trial judge's ruling in the case filed by William West against Access Control Related Enterprises LLC, issued by Judge David J. Cowan of the Los Angeles County Superior Court on July 29, stated that enforcing a forum selection clause requiring a California resident to pursue a case in the Court of Chancery violates Californians' constitutional right to a jury trial, unless a defendant can prove doing so would not infringe on that right.
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