109 So. 3d 163
Ala.2012Background
- Busby signed three Unconditional and Continuing Guaranty agreements (2008, 2009, 2010) with the Bank; Busco defaulted on Sims’s loan;Busby sued Bank alleging misrepresentation, promissory fraud, and guaranty scope; bank sought to strike Busby’s jury demand based on waivers; trial court denied strike; Bank sought mandamus to compel strike; Court grants writ and enforces waiver.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether jury-trial waivers are enforceable under Gaylord factors | Busby argues waivers were not knowingly made | Bank argues waivers are clear and knowingly made | Waivers enforceable under Gaylord factors |
| Whether waiver language covers Busby's tort claims | Waiver limited to claims arising from guaranty | Waiver broad enough to encompass all related claims | Waiver scope broad enough to cover Busby's claims in whole or part |
| Whether mandamus is proper to strike a jury demand | Remedies adequate without mandamus | Mandamus appropriate where jury-trial right at issue | Petition granted; writ issued directing strike of jury demand |
Key Cases Cited
- Gaylord Dept. Stores of Alabama v. Stephens, 404 So.2d 586 (Ala.1981) (three-factor test for enforcing jury waivers)
- Ex parte AIG Baker Orange Beach Wharf, L.L.C., 49 So.3d 1198 (Ala.2010) (broad vs. limited waiver language; relate-to/ arise-under distinction)
- Ex parte Cupps, 782 So.2d 772 (Ala.2000) (mandamus standard and jury-trial considerations)
- Parker v. State, 333 So.2d 806 (Ala.1976) (not applicable to contract language interpretation)
- Mall, Inc. v. Robbins, 412 So.2d 1197 (Ala.1982) (unequal bargaining power defenses to waivers)