Contractual Waiver of Jury Demand

Ex parte Shane Taylor, et al., [Ms. 1200537, Sept. 30, 2021] __ So. 3d __ (Ala. 2021). In a plurality opinion, the Court (Wise, J.; Parker, C.J., and Mitchell, J., concur; Shaw and Bryan, JJ., concur in the result; Bolin, Sellers, Mendheim, and Stewart, JJ., dissent) issues a writ of mandamus to Mobile Circuit Court directing the court to strike Kimberly Hall-Smith’s demand for a jury trial on her claims against her former employer Shane Taylor & Associates, P.C. and its owner attorney Shane Taylor. The employment agreement included a “provision in which Hall-Smith and the law firm each agreed to waive the right to a jury trial as to ‘any matter related to this agreement or Employee’s employment.’” The opinion notes that “Hall-Smith did not raise any challenge to the enforceability of the jury-waiver provision in her response to the motion to strike that she filed in the trial court or file a response to the mandamus petition.” Ms. *13.

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