Recent Developments in Florida Energy and Environmental Legislation
State AG Pulse | The Laboratories of Democracy
On July 21, 2025, the California Supreme Court issued a decision in EpicentRx, Inc. v. Superior Court of San Diego County, which held that an exclusive forum-selection clause designating a forum where a civil jury trial would...more
In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other modifications, including, incredibly,...more
The right to a trial by jury in Ohio is one of the most fundamental rights in our judicial system. In civil cases, the Ohio Constitution requires concurrence of no less than three-fourths of the jury. Ohio Const., art. I...more
On February 18, 2022, in LaFace v. Ralphs Grocery Co., 2022 WL 498847 (Cal. Ct. App. Feb. 18, 2022), the California Court of Appeal (2nd District) ruled in a published decision that there is no right to a jury trial in claims...more
In a case that has implications for anyone doing business in California, the California Supreme Court recently overturned an appellate court ruling that there was a right to a jury trial in actions for penalties and...more
In In re Troy S. Poe Trust, trustees of a trust that was embroiled in litigation filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues. No. 08-18-00074-CV, 2019...more
Individuals execute trusts and wills to determine how certain assets are to be managed and distributed. Those same individuals may want to have some control over the dispute resolution process for any conflicts that arise in...more
California courts will generally give effect to a mandatory forum selection clause unless enforcement would be unreasonable or unfair, and the party opposing enforcement of the clause ordinarily bears the burden of proving...more
Earlier this month, the Oklahoma Court of Civil Appeals issued a decision that threatens the enforceability of contractual provisions waiving the right to a jury trial. In Home Vest Capital, LLC v. Retirement Application...more
Yesterday's post discussed the Court of Appeal's holding in Nationwide Biweekly Administration, Inc. v. Superior Court, 2018 Cal. App. LEXIS 541, that a defendant in a civil proceeding by the Department of Business Oversight...more
Article I, Section 16 of the California Constitution "Trial by jury is an inviolate right and shall be secured to all. . . ." The right may be "inviolate" but it does have limits. Thus, it is limited to the right as it...more
In late 2017, the Arkansas Supreme Court held that pre-dispute jury trial waivers in loan agreements are unenforceable as per the Arkansas Constitution. The Court provided that, according to the state’s Constitution, the...more