Pizza Hut L.L.C. v. Pandya: Exploring the Validity of Pre-Dispute Jury Waivers

Authors

Logan Allen

Document Type

Arguendo (Online)

Abstract

This Note analyzes a 2023 Fifth Circuit opinion concerning whether a contractual pre-dispute jury waiver is enforceable utilizing the knowing and voluntary factors and when challenged under general fraud allegations. The Fifth Circuit incorrectly weighed two of the voluntary and knowing factors—conspicuousness and unequal bargaining power—to be in favor of enforcing the jury waiver when the facts of the case and prior case law prove otherwise. The Fifth Circuit should have first applied a historical analysis in analyzing a constitutional right, but the court was reasonable in applying the arbitration rule to jury waiver provisions because waiving a jury right compromises fewer constitutional rights than an arbitration clause.

DOI

10.37419/LR.V12.Arg.3

First Page

32

Last Page

38

Recommended Citation

Logan Allen, Pizza Hut L.L.C. v. Pandya: Exploring the Validity of Pre-Dispute Jury Waivers, 12 Tex. A&M L. Rev. Arguendo 32 (2024).
Available at: https://doi.org/10.37419/LR.V12.Arg.3