Plaintiffs in fraud case held to have waived their right to jury trial
Anthony L. Barclae and others sued Ernest M. Zarb for fraud. They filed a Jury Demand in their Wayne County case, and Zarb's attorneys immediately filed a motion to strike the jury demand, citing documents executed by the plaintiffs at the time their original financial transactions were entered into. The transaction documents contained a clause that provided that "each party knowingly and voluntarily...waives the right to a jury trial..." The Court noted that while the right to jury trial is Constitutionally protected, it may be waived--in advance--by an informed citizen. On that basis, Zarb could enforce the agreement's terms and waiver.