Federal Insurance Co. v. Reedstrom

I respectfully dissent. The Seventh Amendment to the United States Constitution provides: “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved — ” Likewise, Article I, § 11, Ala. Const.1901,. provides: “[T]he right of trial by jury shall remain inviolate.” Because of these constitutional safeguards, this Court once held to the following rule regarding the waiver of jury trials through arbitration agreements:

“We must emphasize that any arbitration agreement is a waiver of a party’s right under Amendment VII of the…