Case Study: Lehman V. Bethany Holdings

Law360, New York (November 4, 2011, 12:49 PM EDT) -- The United States District Court for the Southern District of New York recently held that a guarantor may knowingly and voluntarily waive his constitutional right to a jury trial contractually, even if he has not personally reviewed or negotiated the provision, if he has specifically given his lawyer authorization to release his signature.

Also, the court held that a claim by a guarantor of fraud in the inducement as to a contract generally does not apply to a jury trial waiver in the contract absent a...
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