Juries

Delaware loses long-held No. 1 ranking for business-friendly legal climate to South Dakota

A periodic survey of corporations by the U.S. Chamber of Commerce’s legal-reform arm found that Delaware has lost its No. 1 ranking for being business-friendly in legal matters, dropping to No. 11, the Associated Press reports. Delaware had been No. 1 in the previous 10 surveys, and fell out of…

Sep 12, 2017 1:45 PM CDT

Posner rejects pattern jury instruction while sitting as trial judge and gets reversed

Judge Richard Posner of the Chicago-based 7th U.S. Circuit Court of Appeals has made clear his disdain for legal jargon and pattern jury instructions that are “largely unintelligible to jurors.” But his objection to the legal jargon in a pattern instruction, while sitting by designation as a trial judge in…

Aug 28, 2017 7:00 AM CDT

Emailed photo that arrived as talc trial began among new evidence credited in $417M cancer verdict

An emailed photo and negative evidence about witnesses supporting Johnson & Johnson’s safety claims may have influenced jurors who awarded $417 million to a woman diagnosed with ovarian cancer after using the company’s talcum powder for decades, according to one of her lawyers. Eva Echeverria, 63, said she began using…

Aug 22, 2017 1:08 PM CDT

Jurors take instructions seriously, but do they understand them?

Arizona jurors studied by the American Bar Foundation took jury instructions seriously.

Aug 11, 2017 2:25 PM CDT

Jury selection in Shkreli fraud trial follows trend of favoring the uninformed

Jury selection in the fraud trial of former drug company CEO Martin Shkreli followed what has become more of a trend: Lawyers are seeking jurors who uninformed as well as unbiased. That is the conclusion of a New York Times article, which reported that potential jurors stricken from the pool…

Jul 20, 2017 8:00 AM CDT

When a witness confronts the accused: Is a courtroom ID fair?

It’s one of the oldest courtroom gambits in America: a prosecutor in a criminal trial asks a key witness if he sees the person who committed the crime anywhere in the room. Pause. The witness turns and points to the defendant, as the jurors take it all in. But this…

Jul 18, 2017 3:36 PM CDT

Is prime-time courtroom drama having a ‘Bull effect’ on juries?

Attorneys have a love-hate relationship with voir dire. On one hand, picking a jury is a slow, tedious process—not to mention somewhat awkward depending on your personality. Still, every trial lawyer agrees that jury selection can be critical.

Jul 6, 2017 8:00 AM CDT

A federal court asks jurors to confront their hidden biases

There’s something of a formula to the first morning of jury duty. It might involve a refresher on differences between civil and criminal cases, a little bit of shuffling between rooms, and a lot of waiting around in a generously named “Jury Lounge.” But in one federal district, the customary…

Jun 23, 2017 2:00 PM CDT

Racially discriminating statements in jury rooms are subject to scrutiny

A case about racial bias in the jury room would seem to have all the makings of a provocative and headline-grabbing decision. However, Peña-Rodriguez v. Colorado, a case containing just such bias, hovered a bit below the radar, even during this relatively low-key U.S. Supreme Court term.

May 1, 2017 2:00 AM CDT

If racial comments are made in jury deliberations, courts should investigate, SCOTUS says

Racial comments in jury deliberations can violate a defendant’s right to a fair trial, and require review, the U.S. Supreme Court ruled Monday in the appeal of a Colorado man’s misdemeanor unlawful sexual contact and harassment convictions.

Mar 6, 2017 12:37 PM CST

Supreme Court nominee Gorsuch has a plan to revive the near-extinct civil jury trial

Juries try less than 1 percent of civil cases in the federal court system, and U.S. Supreme Court nominee Neil Gorsuch has a plan to do something about it. Gorsuch has joined with Circuit Judge Susan Graber to propose changing federal procedural rules to make civil jury trials the default, the Wall Street Journal Law Blog reports.

Mar 1, 2017 10:58 AM CST

6 more leading trial lawyers share secrets of effective opening statements

Most of us know the elements of an effective opening statement: Tell a good story, weaving the evidence with themes that will resonate with the jurors’ common sense and life experiences. But what’s the best way to do that? Bang the table or shoot the breeze? Attack immediately or hold your fire? Most important, how can you connect with the jury—a panel of strangers who can’t talk back but who will determine the fate of your case?

Mar 1, 2017 3:30 AM CST

Jurors paid with debit cards don’t get full amount mandated by law, lawsuit claims

Lawyer William Mark Scott says in a lawsuit that he never got the full, required payment for jury duty when he served in Washington, D.C., last July because he was paid with a debit card that charged “excessive and unreasonable fees.” Scott’s Feb. 7 federal lawsuit (PDF) against JPMorgan Chase…

Feb 9, 2017 9:35 AM CST

Caught on Tape: Is slow-motion video biasing jurors?

The use of slow-motion video has become common in criminal cases. But a new study has found that watching crimes at slower speeds leads viewers to falsely believe perps have more time to think about their actions and act with intent, potentially skewing verdicts against defendants.

Feb 1, 2017 3:10 AM CST

Legendary litigators share their advice on crafting your best opening statement

Read what the most renowned trial lawyers in the United States say are their secrets to a great opening.

Feb 1, 2017 2:20 AM CST