Juror Misconduct

News & Analysis as of

Judge in High-Profile Case Obtains Attorney Agreement Not to Engage in Juror Social Media Snooping

It seems that almost everyone uses social media today. Of course, this means that most every juror is a social media user, and that courts are dealing with the thorny questions that arise out of the proliferation of social...more

Juror Misconduct: If You Hear Something, Say Something

The Rhode Island Supreme Court’s recent decision in Roma v. Moreira, No. 2014-141-Appeal, 2015 R.I. LEXIS 106 (R.I. Nov. 13, 2015) serves as a reminder to trial counsel that if you hear something that leads you to believe...more

How Do You Prove Juror Misconduct After a Trial?

Every trial attorney’s worst fear is a saboteur juror, lying in wait to poison the jury’s assumed impartiality. Think John Cusack’s character in The Runaway Jury. Voir dire is supposed to allow a trial attorney to ferret out...more

July 2013: Trial Practice Update

Second Circuit Judge Advocates for System to Certify Questions of Foreign Law. In its recent decision reversing Citigroup’s jury win over Terra Firma, the Second Circuit Court of Appeals found the trial court misapplied...more

Kansas Juror Found in Contempt for Online Comments During Trial

Two years ago, we anticipated a growing problem with jurors who disregard trial judges’ instructions concerning Internet use. In July 2011, we reported on the first known prosecution of a juror in Great Britain for...more

Courts Attempt to Reign in Social Media Use by Jurors

Technology has indeed infiltrated the jury box. Jury service, which necessarily involves hours of quiet observation of the proceedings, evokes, for some, a hunger for expression or quick entertainment....more

Skirmishes Over Use of Social Media in Litigation Continue to Intensify

Since our prior two posts on the issue, there have been several developments showing that questions about the proper use of social media in litigation continue to abound. These developments demonstrate that practitioners who...more

Weekly Law Resume - November 29, 2012: Juror Misconduct: Mere Mention of Insurance Not Grounds For New Trial

Jean Barboni v. Fred Tuomi, et al. Court of Appeal, Fourth District Division Three (October 1, 2012) Juror misconduct can be demonstrated by establishing with substantial evidence that a jury improperly considered...more

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