S.D. Florida· 12/18/2009
Oglesbee v. Indymac Financial Services, Inc.
Citations
- 675 F. Supp. 2d 1155
- 2009 U.S. Dist. LEXIS 121689
- 2009 WL 4981189
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- finding a party was sophisticated enough to understand the meaning of a jury trial when said party did not offer any evidence to the contrary
- finding a jury waiver clause is valid even when the title of the clause was “Jury Trial Waiver,” the clause was the same font as the remainder of the document, and the language in the clause was clear and easy to read
- “Plaintiff has presented no evidence that he attempted to retain an attorney to review the contract but was precluded from doing so.”
- “Plaintiff has produced no evidence that he did not have the ability to negotiate. Simply because a party did not negotiate the language of a jury trial waiver does not mean that the waiver or other terms in the agreement were non-negotiable.”
- enforcing a contractual waiver of right to jury trial
Source: CourtListener parenthetical corpus (CC0).
Judges: James Lawrence King
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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