Legal Opinion

Chesterfield Exchange, LLC v. Sportsman's Warehouse, Inc.

District Court, E.D. Michigan

Decided December 18, 2007No. 07-12254PublishedCited by 1 opinion

1Opinion of the Court

OPINION AND ORDER GRANTING PLAINTIFF’S MOTION TO STRIKE JURY DEMAND

DAVID M. LAWSON, District Judge.

The question presented by the plaintiffs motion to strike a jury demand filed by the defendant, Sportsman’s Warehouse, Inc., is whether a lease provision waiving a jury trial is vitiated by Sportsman’s allegations that it was fraudulently induced to enter the lease, despite the absence of any allegations that the jury trial waiver provision itself was induced by fraudulent representations. The parties argued their positions in their briefs and at oral argument held on December 13, 2007. Although…

2Cases cited10 opinions

  1. Prima Paint Corp. v. Flood & Conklin Mfg. Co.Supreme Court of the United States · 1967
  2. Merrill Lynch & Co. Inc. v. Allegheny Energy, Inc.Court of Appeals for the Second Circuit · 2007
  3. K.M.C. Co., Inc. v. Irving Trust CompanyCourt of Appeals for the Sixth Circuit · 1985
  4. Erric Walker, Steve Ricketts, and Vickie Atchley, on Behalf of Themselves and All Others Similarly Situated v. Ryan's Family Steak Houses, Inc.Court of Appeals for the Sixth Circuit · 2005
  5. Telum, Inc. v. E.F. Hutton Credit Corp.Court of Appeals for the Tenth Circuit · 1988

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3Cited by1 opinion

  1. High v. Capital Senior Living Properties 2—Heatherwood, Inc.District Court, E.D. Michigan · 2008

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