Summary
holding that non-signatories may not enforce jury trial waivers, even where the jury trial waiver is broad enough to encompass claims involving the non-signatories, as this would "significantly expand the impact of jury waiver clauses" when courts must "indulge every reasonable presumption against waiver."
Summary of this case from Nat'l Med. Imaging, LLC v. DVI Receivables XIV, LLCOpinion
CIVIL ACTION NO. 07-406.
November 30, 2010
ORDER
AND NOW, this 30th day of November, 2010, upon consideration of the defendants Skanska USA Building, Inc. ("Skanska"), and Tod Williams Billie Tsien Architects, LLP ("TWBTA")'s Motions to Strike the Jury Demand of Plaintiff Quinn Construction, Inc. (Docket Nos. 193 198), the opposition, reply, and supplemental briefing thereto, and after oral argument held on October 25, 2010, IT IS HEREBY ORDERED THAT, for the reasons stated in a memorandum of law bearing today's date:
1. Defendant Skanska's motion is GRANTED, and the plaintiff's claims against Skanska shall be designated for trial by the Court.
2. Defendant TWBTA's motion is DENIED and the plaintiff's claims against TWBTA shall be designated for trial by jury.
3. The defendants shall inform the Court by letter how they would like to proceed with respect to the outstanding cross-claims between Skanska and TWBTA.