BB Fly Trucking LLC v. Regions Bank

Summary

The United States District Court for the Southern District of Texas grants Regions Bank’s motion to strike BB Fly Trucking LLC’s jury demand. The court concludes that the parties entered into a valid deposit agreement containing a knowing and voluntary jury-trial waiver, based in part on the plaintiff’s deposit of funds and the agreement’s acceptance provisions. The court denies as moot the bank’s motion to file documents under seal.

Holdings

1. A valid contract existed because the deposit agreement provided that acceptance could occur by depositing funds into an account, and BB Fly Trucking did not dispute that it deposited funds into the account.
2. The parties entered into a valid jury-trial waiver because the deposit agreement clearly stated that the parties knowingly and voluntarily waived any right to a jury trial to the fullest extent allowed by law.
3. Plaintiff was not entitled to a jury trial because, after Regions Bank established a valid contractual waiver, Plaintiff presented no argument or evidence showing entitlement to a jury trial.

Questions Presented

1. Whether the deposit agreement formed a valid contract between BB Fly Trucking and Regions Bank despite the absence of a signature card or other document expressly evidencing assent.
2. Whether the deposit agreement contained a knowing and voluntary waiver of BB Fly Trucking's right to a jury trial.
3. Whether BB Fly Trucking established that it was nevertheless entitled to a jury trial after Regions Bank demonstrated a facially valid contractual jury waiver.

Disposition

other