United States Ninth Circuit

In a mandamus petition presenting the issue of whether a federal court sitting in diversity applies state or federal law to determine the validity of a pre-dispute jury trial waiver contained in a contract governed by California law, the petition is granted where: 1) under California law, Grafton Partners L.P. v. Superior Court, pre-dispute jury trial waivers are invalid unless expressly authorized by statute; and 2) the five factors to apply to a mandamus petition in Bauman v. US District Court, did not apply in the extraordinary case where, as here, the petitioner claimed erroneous deprivation of a jury trial.

Appellate Information

• Decided 04/16/2015
• Published 04/16/2015

Judges

• Tallman

Court

• United States Ninth Circuit

Counsel