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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.

Thompson O’Neil, P.C.
309 East Front Street
Traverse City, Michigan 49684
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