Farm Credit Leasing Services Corporation v. Barr, 3:17-cv-336-DPM. (2019)
Court: District Court, E.D. Arkansas
Number: infdco20190315916
Visitors: 9
Filed: Mar. 14, 2019
Latest Update: Mar. 14, 2019
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Carroll Barr wants a jury trial on Farm Credit's claim that he violated a lease of a self-propelled sprayer. FED. R. CIV. P. 38(b). Farm Credit says that Barr waived his right to a jury when he signed the lease-which includes a jury waiver. But Barr has maintained since this case began that he didn't sign the lease. No. 7 at 1-3; No. 1-8 at 4. Farm Credit is right that a litigant can waive a jury trial. E.g., Bank of America, N.A. v. JB Hanna,
Summary: ORDER D.P. MARSHALL, JR. , District Judge . Carroll Barr wants a jury trial on Farm Credit's claim that he violated a lease of a self-propelled sprayer. FED. R. CIV. P. 38(b). Farm Credit says that Barr waived his right to a jury when he signed the lease-which includes a jury waiver. But Barr has maintained since this case began that he didn't sign the lease. No. 7 at 1-3; No. 1-8 at 4. Farm Credit is right that a litigant can waive a jury trial. E.g., Bank of America, N.A. v. JB Hanna, L..
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ORDER
D.P. MARSHALL, JR., District Judge.
Carroll Barr wants a jury trial on Farm Credit's claim that he violated a lease of a self-propelled sprayer. FED. R. CIV. P. 38(b). Farm Credit says that Barr waived his right to a jury when he signed the lease-which includes a jury waiver. But Barr has maintained since this case began that he didn't sign the lease. No. 7 at 1-3; No. 1-8 at 4. Farm Credit is right that a litigant can waive a jury trial. E.g., Bank of America, N.A. v. JB Hanna, LLC, 766 F.3d 841, 849 (8th Cir. 2014). Here, though, there seems to be a genuine factual dispute about whether Barr did so. The case presents a formation question: What are the terms of the parties' contract? A jury must therefore decide what the parties intended. E.g., Watkins Inc. v. Chilkoot Distributing, Inc., 655 F.3d 802, 805 (8th Cir. 2011) (Minnesota law); Grayson & Grayson, P.A. v. Couch, 2012 Ark.App. 20, at 13-14, 388 S.W.3d 96, 104-05 (Arkansas law). Motion, No. 13, granted. The Final Scheduling Order, No. 11, is amended. We'll have a jury trial.
So Ordered.
Source: Leagle
