First Published Opinion in Oklahoma on Constitutional Provisions Barring Waiver of Jury Trial in a Contract
An Oklahoma civil appellate court published a decision making jury trial waiver clauses in contracts in the State of Oklahoma unconstitutional. Joe Norwood opposed Bank of America in the case. BoA has appealed that decision to the Oklahoma Supreme Court to try and overturn it.
Two of the most powerful business lobbies in Oklahoma, the Oklahoma State Chamber of Commerce and the Oklahoma Bankers Association joined Bank of America in the appeal and asked the Oklahoma Supreme Court to take the case also.
The jury waiver in question was part of a deposit agreement between Norwood’s client and Bank of America. Jury waivers in some form are commonplace in bank deposit agreements. This particular waiver was part of a checking account deposit agreement given to Norwood’s client when he signed a signature card to open a checking account. The dispute was over cashier’s checks that Bank of America issued and then wrongfully dishonored.
Click to Download Bank of America Decision