If America’s founders hadn’t guaranteed the right to a jury trial in our Constitution, we might look like Canada (who inherited the same English common law and history). Early in the jury system, an accused was required to consent to be tried by a jury. However, the choice was illusory. Coercive methods were used including […]
Sentencing Mitchell, Recorder of Leeds, Judge Guy Kearl QC, said: “I don’t doubt you didn’t intend to undermine the course of justice but that is the effect of what you were doing.” As a solicitor, he added, Mitchell knew “the importance of court orders and the consequences of breaching them”. “I have formed the view […]
San Diego County is appealing an $85 million verdict obtained after it with-held discovery from the plaintiff and was sanctioned for it by the judge. Just before trial, lawyers for the family said that the county had acted improperly by not turning over key evidence, including a training video on how to apply restraints that […]
And sometimes the critical need to focus on persuasion can understandably affect a trial lawyer’s focus on sometimes mundane legal issues. Behind every good trial strategy lies a series of arguments, objections and rulings that could – theoretically – set a case up for appeal regardless of the verdict. I know this better than most, […]
The Jury consequently invests the people … with the direction of society. Alexis de Tocqueville, Democracy in America Yesterday, Sen. Sheldon Whitehouse (D-RI) used a lot of his time during the Ketanji Brown Jackson nomination hearing to champion the Constitutionally protected 7th Amendment right to a jury trial. He argued that SCOTUS, the Chamber of […]
Convicted doctors argued their appeal in the United States Supreme Court the other day. At issue are jury instructions given in their case and the standard imposed by the trial court. For nearly 90 minutes on Tuesday, the court grappled with the question of whether good faith is a defense for doctors criminally prosecuted for […]
Yesterday, the Judge in Sarah Palin’s trial against the New York Times announced that he was dismissing her claims at the end of trial but allowing the jury to proceed. This move is often referred to as one of “judicial economy” as it can save the court and parties time later. Getting to trial against […]
If you follow the Department of Justice alerts, you know that the Feds recover hundreds of millions of dollars in waste, fraud, and abuse in our health insurance system every year. Why is this considered acceptable? #QualityFraud Ex-CEO of medical imaging companies sentenced to prison in $250 million fraud scheme
Do we know more and understand less more quickly in the age of the internet? With a fraction of the effort consumed by library trekking in the past, platforms like Wikipedia now give us immediate access to “answers”. As we know, these sources hardly bear the authority of the Library of Alexandria. – but the […]
The Maxwell jury came back before the holiday, convicting in the sex trafficking case on all but one count – looks [ike multiple decades of prison time. The Holmes / Theranos jury is apparently deadlocked on at least some counts, according to notes to the Judge, As we like to say here, juries are not […]
