K.M.C. Co., Inc. v. Irving Trust Company

How courts have described this case

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

• holding that the parties to a contract may by prior written agreement waive the right, to jury trial as long as the waiver is knowing and voluntary
• holding that “the Magistrate was correct in applying the knowing and voluntary standard in this instance”
• stating that “the constitutional right to jury trial may only be waived if done knowingly, voluntarily and intentionally”
• noting the mixed question of law and fact “subject to . . . independent review” in addressing a contractual waiver
• refusing to enforce a jury waiver provision because K.M.C. presented evidence that Irving assured K.M.C. that the waiver would never be enforced, except in the case of fraud
• party seeking to avoid waiver must prove that consent to provision was not knowing and voluntary

Source: CourtListener parenthetical corpus (CC0).