McDermott Will & Emery

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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.

The Jury Returns to Delaware

By on Apr 7, 2021
Posted In Delaware, Federal Courts, Reopening Procedures

Delaware has one of the most active federal civil trial dockets in the country. On Monday, it issued this notice: In short, Delaware is back.

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“The Court Regrets the Present Circumstances.”

By on Feb 26, 2021
Posted In California, Federal Courts, Reopening Procedures

On Wednesday, Judge James Selna of the US District Court for the Central District of California issued an order continuing a jury trial that was set for June 1. The order is worth reading in its entirety: Orange County is presently in the purple zone. The county would have to move two zones to the...

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Green Sprouts

By on Feb 23, 2021
Posted In Federal Courts, New York, Reopening Procedures, State Courts, Texas, Virginia

In the US District Court for the Western District of Texas, Judge Alan Albright’s closely watched patent trial is underway. The US District Court for the Eastern District of Virginia just issued a notice that criminal jury trials would resume March 1. In Long Island, jury selection has been set for the bellweather opioid trial...

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Monitoring the Reopening

By on Feb 16, 2021
Posted In Federal Courts, Illinois, Minnesota, New York, Reopening Procedures

Case numbers are falling. Vaccination is proceeding. We may be on track for a return to in-person jury trials in federal court. The question is: When will we get there? Today, we have three bits of news on that topic: On Friday, the US District Court for the Northern District of Illinois continued the suspension...

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In West Texas, the Jury Will Return

By on Feb 11, 2021
Posted In Federal Courts, Reopening Procedures, Texas

Returning once again to the stage of Judge Alan Albright’s patent case in the US District Court for the Western District of Texas: In January, a second mandamus petition was unsuccessful in the US District Court for the Federal Circuit, notwithstanding its similarity to the first mandamus petition, which was successful. Thus, the stage was...

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Filters Off, Please

By on Feb 9, 2021
Posted In Court Technology, Reopening Procedures, State Courts, Texas

Proceeding by Zoom may not be harmless. If you’ve not seen this video, watch it: McDermott’s Litigation team can help you avoid mistakes like these!

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Reopening, Take 2?

By on Jan 26, 2021
Posted In Florida, Reopening Procedures, State Courts

Here’s the headline from yesterday’s Palm Beach Post: “Jury trials begin again in Palm Beach County as coronavirus infections continue to rise.” Palm Beach County will begin holding jury trials for both criminal and civil cases in the coming weeks. According to the chief judge, Krista Marx, “It’s about sending the legal community and the...

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Looks Like We Made It

By on Jan 20, 2021
Posted In Reopening Procedures, State Courts, Texas

The Trump administration departs. The Biden administration arrives. But for the courts, the inauguration is no magic shot in the arm (as they say). Appeals courts have been reluctant to second-guess trial courts’ approaches to COVID-19, at least explicitly. But the Texas Supreme Court has taken a different approach this week. According to Texas Lawyer:...

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Optimism in East Texas

By on Jan 19, 2021
Posted In Federal Courts, Reopening Procedures, Texas

We return now to Judge Amos Mazzant’s federal courtroom in Sherman, Texas. COVID-19 caused a mistrial last year, when jurors, lawyers and court staff become infected mid-trial. We covered it, most recently, here. Judge Mazzant has reset the jury trial for March 8, 2021. The trial date will either represent a return to normalcy or...

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It’s Not Just the Pandemic, Unfortunately.

By on Jan 15, 2021
Posted In Federal Courts, Minnesota, Reopening Procedures

Even though jury trials are, with limited exceptions, on hold, many federal courthouses have managed to stay open throughout this winter surge of the virus. But as we know all too well here in Washington, DC, the pandemic is only one obstacle to normalcy. We just received this order from the US District Court for...

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