Legal Question in Business Law in Georgia

Re: Protection of Proprietary

Such jury-waiving provisions are somewhat rare, but not unheard of. They are generally enforceable, but contract provisions are sometimes not upheld by courts in certain situations. However, I wouldn�t count on that and if you sing it, be prepared to have a bench trial instead of a jury trial.

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The foregoing is general information only, not specific legal advice. No attorney/client relation has been created or should be implied.

Re: Protection of Proprietary

A pre-litigation contractual waiver of a jury trial is not enforceable in cases tried under the laws of Georgia. Bank South, N.A. v. Howard, 264 Ga. 339, 444 SE2d 799 (Ga. 1994). (I know; I argued the case before the Georgia Supreme Court.) The rest of the agreement, if otherwise enforceable, would still be enforceable.

This answer, though responsive to the question, is general in nature. It is not designed to be and should not be relied on as your sole source of information when analyzing and resolving a specific legal issue. Each fact situation is different; the laws are constantly changing. If you have specific questions regarding a particular fact situation, I urge you to consult with competent legal counsel.