Waiver of Jury Trial

By: Derek Hawkins//May 17, 2016//

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WI Court of Appeals: District

Case Name: Taft Parsons, Jr. et al v. Associated Banc-Corp, et al

Case No.: 2014AP2581

Officials: Curley, P.J., Kessler and Brennan, JJ.

Focus: Waiver of Jury Trial

Taft and Carol Parsons (the Parsons) appeal a nonfinal order of the circuit court granting Associated Banc-Corp’s (the bank) motion to strike the Parsons’ jury demand. The circuit court concluded that Taft knowingly and voluntarily waived the Parsons’ right to a jury trial because he signed several loan documents provided by the bank, one of which waived the right to have a jury resolve any claims against the bank “arising out of or in any way related to this document, any other related document, or any relationship between the borrower and the lender.” (Emphasis added.) For reasons we explain below, we reverse and remand for a jury trial.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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