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Our 200-lawyer litigation practice advises clients of all sizes, from multinational corporations to individual plaintiffs and defendants. We successfully represent our clients in federal and state courts around the country. The strength of our lawyers is based on the fundamental principle that excellence in client service mandates deep substantive knowledge in a broad range of industries and areas of the law, and―when required―incomparable ability and success in the courtroom.

In WDTex, the Fight Escalates


By on Dec 2, 2020
Posted In Federal Courts, Reopening Procedures, Texas

Last week we told you about Judge Alan Albright’s determination to keep trying patent cases. He had a trial scheduled for January in Austin, where we had transferred the case pursuant to 28 U.S.C. § 1404 while leaving himself as the assigned judge. Trials are not being held in the Austin courthouse, however, so he...

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A Mistrial, without a Positive Case


By on Nov 30, 2020
Posted In North Carolina, Reopening Procedures, State Courts

In Charlotte, North Carolina, the Superior Court for Mecklenburg County attempted to hold its first pandemic jury trial, starting November 16. Things did not go well. First, during the evidence phase, a jury was excused after reporting a possible exposure. He later tested negative. Then, jury deliberations were suspended for a week when a juror...

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Continuing the Continuances


By on Nov 25, 2020
Posted In Federal Courts, Minnesota, Reopening Procedures

On Monday we summarized the various district court orders shutting down jury trials. But events are outpacing us. The US District Court for the District of Minnesota had continued all 2020 jury trials; last night, the continuance was extended until February 1, 2021.

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Waco to be the New Trial Hot Spot


By on Nov 25, 2020
Posted In Federal Courts, Reopening Procedures, Texas

With Judge Gilstrap of the Eastern District of Texas finally cancelling his winter trials in the face of surging cases, attention turns to the Western District of Texas, which Judge Alan Albright is going in a different direction. Waco has become the nation’s hottest patent infringement venue, in part due to Judge Albright’s willingness to...

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“Jury Trials are Innately Human Experiences.”


By on Nov 23, 2020
Posted In Federal Courts, Reopening Procedures, Texas

Judge Rodney Gilstrap of the US District Court for the Eastern District of Texas as capitulated, postponing his upcoming trials until March. His order includes some interesting commentary in the footnotes. Of remote proceedings, Judge Gilstrap writes: This approach, while adequate in a strict sense, allowed the Court to move forward virtually, albeit with regularly...

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Content May Soon Run Out


By on Nov 22, 2020
Posted In Arkansas, Colorado, Federal Courts, Illinois, Indiana, Kansas, Kentucky, Maryland, Minnesota, Missouri, Nebraska, Nevada, Oklahoma, Pennsylvania, Reopening Procedures, Texas, Utah, Virginia, Washington State, Winsconsin

What will we write about when all the courts have closed? We are rapidly on the way to finding out, especially in the federal system. Here’s a summary of recent federal district court orders on jury trials: Eastern District of Arkansas: Civil and criminal jury trials scheduled before January 15, 2021 are continued to a...

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In EDTex, the Fallout Continues


By on Nov 20, 2020
Posted In Federal Courts, Reopening Procedures, Texas

As we’ve covered in several posts below, a trial fell apart in the US District Court for the Eastern District of Texas in Sherman earlier this month, with jurors, attorneys and court staff all contracting COVID-19 (at least 13 people in total) and others now in quarantine. The question now is: What lesson will other...

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When Jurors Want to Quarantine Mid-Trial…


By on Nov 19, 2020
Posted In Federal Courts, Missouri, Reopening Procedures

A BigLaw civil jury trial finished yesterday in the US District Court for the Eastern District of Missouri. The first phase was a 12-day trial that began October 1 and concluded on October 22 with a verdict of $21 million in compensatory damages for the plaintiff. A punitive damage phase began—and ended—yesterday. At some point...

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Dark Winter for Trial Lawyers


By on Nov 18, 2020
Posted In Alaska, Delaware, Federal Courts, Indiana, New Jersey, New York, Pennsylvania, Reopening Procedures, State Courts, Tennessee, Texas, Vermont

Today there is a wave of news. Delaware froze jury trials, although only through December 4. New York state courts have suspended jury trials indefinitely. New Jersey has continued all jury trials, except one that is in progress. Tennessee suspended jury trials through January 31. Vermont, one of the states least impacted by the pandemic,...

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Even the Rocket Docket


By on Nov 17, 2020
Posted In Federal Courts, Reopening Procedures, Virginia

The US District Court for the Eastern District of Virginia is the fastest federal docket in the country. The court’s motto is “Justice delayed is justice denied.” But, as they say, the virus doesn’t care about your motto. Yesterday evening, the Clerk of Court sent out this email: “All criminal jury trials in the US...

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McDermott’s litigation team monitors US courts as they reopen amid the ongoing COVID-19 public health crisis. 

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