Tag Archives: Jury

State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit

In In re Greg Abbott, No. 24-50620 (5th Cir. Sept. 20, 2024), the Fifth Circuit denies mandamus in a case where Texas unsuccessfully demanded for a jury trial in a suit by the United States to remove a 1000-foot border obstruction. The panel holds that the state has no demonstrated Seventh Amendment right to aContinue reading “State of Texas Has No Seventh Amendment Right to a Jury Trial for Border Barrier Defense, Holds Fifth Circuit”

Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit

In United States v. Johnson, No. 22-1289 (2d Cir. Sept. 6, 2024), while that panel agrees that the district court erred under Federal Rule of Criminal Procedure 23(b) by allowing the case to go to deliberation with just eleven jurors, it splits over the impact of the error. The panel majority holds that the ruleContinue reading “Second Circuit Panel Divides Over Whether Unconsented Felony Trial to a Jury of Eleven Constitutes a Structural Error, Creating Split with the Fourth Circuit”

Eleventh Circuit Tosses Jury Verdict Where District Court Failed to Investigate Familial Relationship Between Juror and Defendant That Was Uncovered During Trial

In Fylling v. Royal Caribbean Cruises, Ltd., No. 21-13612 (11th Cir. Feb. 1, 2024), the Eleventh Circuit holds that the district court abused its discretion by allowing a juror whose niece worked for the defendant continue to sit on a jury, without at least engaging in some inquiry about whether the family relationship might impairContinue reading “Eleventh Circuit Tosses Jury Verdict Where District Court Failed to Investigate Familial Relationship Between Juror and Defendant That Was Uncovered During Trial”

Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit

In United States v. O’Lear, No. 22-3835 (6th Cir. Jan. 8, 2024), the Sixth Circuit holds that a criminal defendant was not deprived of a representative jury under the Sixth Amendment when the district court excluded panel members who had not been vaccinated against COVID-19, though that panel adds an important qualifier. Defendant O’Lear, whoContinue reading “Potential Jurors Who Were Not Vaccinated for COVID-19 Do Not Constitute A “Distinctive Group” for Sixth Amendment Purposes, Holds Sixth Circuit”

Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach

In Watchous Enterprises v. Mournes, No. 22-3071 (10th Cir. Nov. 30, 2023), the Tenth Circuit holds that the district court did not abuse its discretion by using Fed. R. Civ. P. 56(g) to deem facts submitted on summary judgment as established for purposes of trial, although the panel suggests that it might have ruled otherwiseContinue reading “Tenth Circuit Holds That District Court Did Not Err in Treating Summary Judgment Facts as Admitted During Trial Under Fed. R. Civ. P. 56(g), But Cautions Against Overuse of This Approach”

Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)

In Thomas v. Broward County Sheriff’s Office, No. 22-11322 (11th Cir. June 22, 2023), the Eleventh Circuit holds in a Uniformed Services Employment and Reemployment Rights Act (USERRA) case that the district court was required to accept a finding of a willful violation entered by the jury on a special interrogatory when the parties consentedContinue reading “Eleventh Circuit Holds That District Court Erred in Disregarding Jury Finding Made by Consent of the Parties in Accordance with Fed. R. Civ. P. 39(c)(2)”

Fourth Circuit Holds That Plaintiffs Should Have Submitted Prejudgment Interest Claim to Jury, Vacating $36 Million Interest Award Entered Post-Trial by District Court

In Gilliam v. Allen, No. 21-2313 (4th Cir. Mar. 8, 2023), while substantially affirming a $62 million compensatory damage verdict (and $13 million in punitive damages) for two plaintiffs who improperly served 31 years in prison, the Fourth Circuit tosses an extra $36 million post-judgment award of prejudgment interest by the district court, holding thatContinue reading “Fourth Circuit Holds That Plaintiffs Should Have Submitted Prejudgment Interest Claim to Jury, Vacating $36 Million Interest Award Entered Post-Trial by District Court”

Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit

In ABKCO Music, Inc. v. Sagan, No. 20-3816 (2d Cir. Oct. 6, 2022), the Second Circuit reviews cross-appeals from a jury trial of a Copyright Act case. Among the issues presented was whether the jury deliberation, taking place against the backdrop of the COVID lockdown, was unfairly rushed. The defendant William Sagan owned a troveContinue reading “Courthouse Furor Over the COVID Pandemic Did Not Warrant New Trial for Damages, Holds Second Circuit”

Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case

In In re Sittenfeld, No. 22-3694 (6th Cir. Sept. 23, 2022), the Sixth Circuit denies a mandamus petition and thus leaves undisturbed the denial of an order sought by a criminal defendant to compel the forensic examination of a juror’s cellphone, computer, or “any electronic device that [the juror] used to make electronic communications.” “InContinue reading “Sixth Circuit Holds District Court Lacked Power to Order a Forensic Examination of a Juror’s Personal Electronics to Investigate Alleged Misconduct in a Criminal Case”

District Court Has No Discretion to Vacate a Partial Verdict Because It Is Supposedly “Irreconcilably Inconsistent” With A Hung Jury on Another Count, Holds Fourth Circuit

In Jordan v. Large, No. 19-7855 (4th Cir. Mar. 4, 2022), the Fourth Circuit holds that the district court erred when it vacated a partial verdict in favor of a prisoner-plaintiff because it was supposedly “irreconcilably inconsistent” with the jury’s inability to reach a verdict on another count. Plaintiff, “a prisoner in Red Onion StateContinue reading “District Court Has No Discretion to Vacate a Partial Verdict Because It Is Supposedly “Irreconcilably Inconsistent” With A Hung Jury on Another Count, Holds Fourth Circuit”