Can including an equitable claim waive your client's right to a jury? Absolutely. But, as New York case law demonstrates, there is also case support for the use of equitable claims as a means to obtain monetary relief. So, if you think you might want to try your case to a jury, pay very close attention to the nature of your claims and defenses. The risk of waiver is very real — though it will not adhere in every situation.
Jury Waiver With Equitable Demands? Not Necessarily
Commercial Litigation Insider
July 18, 2013