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Waiver of Rights Litigation Strategies

Littler

California Supreme Court Strengthens Enforcement of Jury Trial Waivers

Littler on

On February 26, 2024, the California Supreme Court issued its opinion in Tricoast Builders, Inc. v. Fonnegra, No. S273368 (Cal. Feb. 26, 2024). For employers, the most important takeaway from this case is that the court held...more

Farrell Fritz, P.C.

Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!

Farrell Fritz, P.C. on

Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court.  For example, causes of action for money damages, such as tort claims, contract...more

Carlton Fields

When Is a Defense “Available”? Avoiding Waiver by Being Bold When Asserting Defenses

Carlton Fields on

It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more

Carlton Fields

Don’t Waive Goodbye to Your Right to a Jury Trial

Carlton Fields on

The Seventh Amendment guarantees a right to a jury trial in cases arising under the common law. But even that fundamental right can be waived if not properly asserted in the lower court....more

Carlton Fields

So You're Telling Me There's A Chance! – The Difference Between Waiver and Forfeiture

Carlton Fields on

Appellate attorneys (hopefully!) understand the need to preserve arguments for appeal by raising them before the trial court and in their opening briefing. But what about the difference between waiver and forfeiture of...more

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