Tag Archives: Jury

Negotiations Over Post-Termination Commission Should Have Been Excluded Under Fed. R. Evid. 408, Holds Fourth Circuit

In Macsherry v. Sparrows Point, LLC, No. 19-1281 (4th Cir. Sept. 1, 2020), a $1 million judgment in favor of plaintiff is vacated when the panel holds that evidence of negotiations over a claimed commission payment constituted offers to compromise a claim under Fed. R. Evid. 408, and thus should not have been admitted intoContinue reading “Negotiations Over Post-Termination Commission Should Have Been Excluded Under Fed. R. Evid. 408, Holds Fourth Circuit”

Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations

In United States v. Litwin, No. 17-10429 (9th Cir. Aug. 27, 2020), the panel hold that the district court violated a defendant’s Sixth Amendment right to a unanimous jury verdict when it dismissed a juror hours into deliberation, based on findings that lacked support in the record. Fed. R. Crim. P. 23(b)(3) permits a courtContinue reading “Under “Unique Facts,” Ninth Circuit Vacates Conviction Because Judge Improperly Dismissed a Juror Hours into Deliberations”