By: Derek Hawkins//April 19, 2017//
WI Supreme Court
Case Name: Taft Parsons, Jr. et al v. Associated Banc-Corp, et al
Case No.: 2017 WI 37
Focus: Jury Demand
“There are two basic issues on this appeal. First, we must examine whether the pre-litigation jury waiver provision in the contract between the Parsons and Associated is enforceable, either with or without proof extrinsic to the terms of the contract that the Parsons knowingly and voluntarily agreed to this waiver. Second, if we conclude that the provision is enforceable, we must examine whether Associated’s motion to strike the Parsons’ jury demand was untimely. We conclude that the pre-litigation jury waiver provision in the contract between the Parsons and Associated is enforceable and that Associated does not need to offer additional proof that the Parsons knowingly and voluntarily agreed to this waiver. We further conclude that Associated’s motion to strike the Parsons’ jury demand was not untimely. Consequently, we reverse the decision of the court of appeals and remand the case to the circuit court for further proceedings consistent with this opinion.”
Reversed and remanded
Concur:
Dissent: Bradley, Abrahamson