Kenneth W. Tilley v. Malvern National Bank And…

Summary

The court held that Tilley's legal counterclaims and third-party claims, seeking money damages, were triable to a jury despite the related foreclosure proceeding because the clean-up doctrine was abolished after Amendment 80 and the claims must be classified by their historical nature. It further held that predispute contractual jury-trial waivers are unenforceable under the Arkansas Constitution, while rejecting a per se rule barring lost-profit damages for new businesses. The court affirmed the equitable handling of the foreclosure claim, reversed and remanded as to the jury-triable claims and lost-profit ruling, and vacated the appellate court's opinion. Justice Goodson and Justice Wood dissented, contending that the constitutional waiver issue was unpreserved or that predispute waivers are permissible when knowingly and voluntarily made.