3d DCA Watch -- "Willfully Inattentive" Edition!

You know how you have the right to a six-person jury in civil cases unless you make a "knowing and intelligent waiver."

Turns out, according to Judge Shepherd concurring and dissenting in part, that you can also be "willfully inattentive" and thus waive your jury trial right that way:

The right of access to our courts and a jury trial never has been understood as a limitless warrant. If Mr. Aghion did not have the opportunity to exhibit a knowing waiver of his right to a jury trial at the second setting of this case, it was his own fault. I cannot imagine our state founders intended to give more rights to the slothful than the diligent in our society.

"Slothful"?

Ok by me, as long as nobody is making a moral judgment.