of waiver of the right to a jury trial is governed by federal, not state, law. See K.M.C. Co. v. Irving Trust Co., 757 F.2d 752, 755-56 (6th Cir. 1985). The right to a jury trial may be waived “by prior written agreement” by “the parties to a contract.” Id. at 755. In support of their contention that a contractual waiver of the right to a jury trial must be knowing and voluntary, plaintiffs cite to the Sixth Circuit’s decision in K.M.C. K.M.C. involved a contractual provision in which the plaintiff .agreed to “waive all right to a trial by jury”, and did not involve an arbitration provision or the FAA. Id. at 755. While the Sixth Circuit stated in K.M.C. that the knowing and voluntary standard was, appropriate “in this instance,” it did not base its holding on that standard. Id. at 757 (<HOLDING>). In addition, since its holding in K.M.G., the
holding that if a state case explicitly states that the state standard is more favorable to the defendant than the federal standard the federal claim is considered adjudicated below when the state standard is applied holding that the standard of proof for dischargeability actions is the preponderance of the evidence standard holding that even if the standard for waiver is clear the standard was not met holding that a bad faith claim must be met through the clear and convincing evidence standard holding that the standard for a motion for judgment on the pleadings is the same as the standard for a motion to dismiss