PRETRIAL ADJUDICATION
...Contract Arbitration
......Compelling Arbitration
.........Jury Trial
6 Cards On This Topic:

Under USAA, respondent may demand trial by jury as to arbitration K formation or performance.

U.S. Supreme Court has not held USAA trial provision applicable to state courts.

Unequivocal denial of K plus some evidence creates genuine issue for trial by jury under USAA in Federal court.

Legislature authorized arbitration of disputes under health care service plans and statutory scheme does not authorize Dept. of Managed Health Care to mandate choice of fora, be it arbitration or jury.

Under USAA, parties are entitled to trial by jury on issue of contract formation.

Under state law, no jury trial on contract formation is allowed.