Fairfax Co. v. Samson Realty, L.L.C.

By Judge Stanley P. Klein

In this commercial lease dispute, the plaintiff, Fairfax Company of Virginia, L.L.C. (“Fairfax Company”) moves the court to strike the defendant, Samson Realty, L.L.C.’s (“Samson Realty”) demand for atrial by jury, based upon a provision in the lease agreement between the parties (“the Agreement”). That provision purported to waive, inter alia, each party’s right to a jury trial arising out of disputes concerning the Agreement. Samson Realty contends that this contractual provision cannot be legally enforced. This court must, therefore, balance the fundamental right…