In Re General Electric Capital Corporation

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that failure to raise 19 contractual right to a non-jury trial did not waive that right
• recognizing initial burden of presenting prima facie evidence that jury waiver was knowingly and voluntarily made is on party seeking to enforce provision
• explaining that prima facie evidence of knowing and voluntary waiver shifts burden to opposing party
• explaining that prima facie evidence of knowing and voluntary waiver shifts burden to opposing party
• recognizing initial burden of presenting prima facie evidence that jury waiver was knowingly and voluntarily made is on party seeking to enforce provision
• holding contractual jury waiver provision that was in ALL CAPITAL LETTERS AND WAS BOLDED was conspicuous

Source: CourtListener parenthetical corpus (CC0).