Civil Litigation,
California Supreme Court
May 7, 2025
Does jury trial right override forum selection clause?
State Supreme Court justices questioned a shareholder's argument that jury trial rights override a forum selection clause requiring that a lawsuit be decided in the Delaware Chancery Court, emphasizing contract primacy in a case involving a biotechnology company. The outcome should affect other pending cases.
State Supreme Court justices appeared dubious Tuesday of a shareholder argument that California's right to a jury trial should override a forum selection clause requiring that such lawsuits be decided in the Delaware Court of Chancery.
The Delaware state court decides such cases without juries, and Steven C. Shuman - an attorney with Engstrom, Lipscomb & Lack who represents minority shareholder EpiRx LP - argued that such a requirement violated California public policy.
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