Jury Trial

News & Analysis as of

Illinois Whistleblower Awarded $3 Million Following Jury Trial

In what appears to be an alarming trend for employers, the Chicago Tribune recently reported that a former Chicago State University employee was awarded $3 million after a Cook County, Illinois jury found that the University...more

Some Considerations when Preparing to Try a Property Damage Subrogation Case in the Age of CSI

Recent criminal trials turned national media events, such as the Trayvon Martin and Casey Anthony trials, have highlighted modern jurors’ expectations for forensic evidence. Commentators have termed jurors’ expectations for...more

SEC Prevails Following Two Week Jury Trial

The SEC prevailed in a jury trial against hedge fund manager Marlon Quan and his entities in a case tied to the massive Petters Ponzi scheme. Mr. Quan and Acorn Capital Group, LLC and Stewardship Investment Advisors, LLC...more

GRBJ Article Focuses On Declining Number Of Jury Trials

This week's edition of the Grand Rapids Business Journal (January 27, 2014) includes an interesting article entitled "Is Trial by Jury Headed for Extinction?" The author interviewed several local attorneys, including...more

Federal Courts Take Divergent Approaches to Jury Trials for Whistleblower Plaintiffs Under Dodd-Frank and Sarbanes-Oxley

A recurring question under the federal whistleblower laws is whether plaintiffs suing their employers for retaliation have the right to a jury trial. The Dodd-Frank Wall Street Reform and Consumer Protection Act1 appears...more

Court Approves Automatic Electronic Delivery Of Juror Questionnaires

The Western District of Michigan has been pilot-testing for several months a process of automatically delivering electronic juror questionnaires to attorneys of record three business days before trial. The questionnaires are...more

Court Holds Dodd-Frank Whistleblower Has No Right to Jury Trial

In an apparent case of first impression, a federal district judge in Atlanta has ruled that whistleblowers claiming retaliation under the Dodd-Frank Wall Street Financial Reform and Consumer Protection Act of 2010 are not...more

A New Limit on Juror Rehabilitation in Florida

According to the Florida Supreme Court in Matarranz v. State, No. SC11-1617, 2013 WL 5255117 (Fla., Sept. 26, 2013), there is no reliable rehabilitation for a prospective juror who raises doubts of partiality based on...more

Missouri court rules jury waiver applies here, there, and everywhere

What happens when one loan document contains a jury waiver but another doesn’t? For the lender, all may not be lost. That was another important holding from the Missouri Court of Appeals Western District in Midland...more

Georgia Federal Court Rules That Dodd-Frank Whistleblowers Are Not Entitled To A Jury Trial

On November 12, 2013, a Georgia district court ruled that Dodd-Frank whistleblowers are not entitled to a jury trial or punitive damages. Pruett v. BlueLinx Holdings, Inc., No. 13-cv-02607 (N.D. Ga., Nov. 12, 2013). This is a...more

Whistleblower Not Entitled To Jury Trial

In Pruett v BlueLinx Holdings, Inc., decided by the United States District Court for the Northern District of Georgia (1:13-cv-02607), the court held that a whistleblower suing under Dodd-Frank’s non-retaliation provisions...more

Jury to Decide SEC's Case Against Feeder Fund in Ponzi Scheme

The SEC's case against a hedge fund owner who allegedly funneled hundreds of millions into a $3.5 billion Ponzi scheme will be left up to a jury to decide. U.S. District Judge Ann D. Montgomery declined both sides' motions...more

Two Deaths, Two Systems of Justice

Two events: In February of this year, 26-year old Olympian Oscar Pistorius was charged with premeditated murder of his girlfriend, model Reeva Steenkamp in Pretoria, South Africa. Sketchy facts of the case tell us Mr....more

Patent Troll Required to Explain "Sham Venue" and "Sham Employees" to the Jury

Judge Alsup of the ND California clearly embraces the concept that "judges already have the authority to curtail [non-practicing entity patent litigation] practices: they can make trolls pay for abusive litigation." ...more

A Jury in an Eminent Domain Action Must Decide if “Reasonable Probability” Exists that Government Will Require Dedication of Land...

A city planned to realign a truck route and offered the landowners compensation that valued the property as undevelopable agricultural land instead of its current zoning of light industrial. The city reasoned that the...more

"Order on Confusion": District Court Orders Parties to Submit Jury Instructions "in Plain Language" or Waive Right to Jury Trial

In this patent infringement action between i-Tec Well Soultions, LLC ("i-Tec") and Peak Completion Technologies, Inc. ("Peak"), the district court issued an unusual order as the case approached trial....more

No Right to Jury Trial for Consumer Fraud Claim in Pennsylvania

The Pennsylvania Supreme Court recently refused to grant plaintiffs' request to review a Superior Court decision in December 2012 that held there is no right to a jury trial for claims brought under Pennsylvania's Unfair...more

Against The Odds: Acquittal For Kelly Soo Park

In March 2008, 21-year old Juliana Redding was murdered in her Santa Monica apartment. At 9:52 PM on the night of her death, Ms. Redding dialed 911, but was unable to complete the call. An ensuing fight left Ms. Redding dead...more

Short Wins - 9th And 11th Circuit Edition

There are some great cases from the Ninth and Eleventh Circuits this week - especially United States v. Ermoian on obstruction of justice. Good times....more

The Continuing Effort to Define the Line Between Court and Jury Roles in Eminent Domain

Eminent domain attorneys struggle with a concept foreign to most civil litigators: figuring out the roles of the judge and jury. Even most non-attorneys know the basic rule of trial: the jury is the "fact-finder." But in...more

Tips For Opening Statements And Closing Arguments

Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....more

The Judiciary and the Jury: Confusion Happens

The Sixth Amendment to the United States Constitution - The California trial of Kelly Soo Park for the alleged murder of Juliana Redding recently concluded with the acquittal of Ms. Park. Ms. Park, a 47-year old...more

The Ministry of Culture: keep current with pop culture to keep current with your jury

Growing up, my parents limited me to one hour of television a day. On PBS. This had unintended consequences. To this day, if a television is on in a room, I cannot pay attention to anything else. I have a penchant for Sesame...more

Trial By Jury – A Right Or A Privilege?

In Florida, the right to trial by jury as opposed to a non-jury trial (trial by Judge) is a right that is available on demand....more

Short Wins

It's been a busy week in the federal circuits - lots of good wins to check out....more

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