McDermott Will & Emery
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All Eyes on Georgia
By McDermott Will & Emery on Jan 11, 2021
Posted In Federal Courts, Georgia, Reopening Procedures, State Courts
Americans are asking: “We know about Georgia’s elections, but what about its courts?” We’re here to tell you. On Friday, the Georgia Supreme Court extended its prohibition on jury trials. The order notes that when the emergency is finally lifted, it will still be another month before trials start. And “[i]t also should be recognized...
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The Jury Returns…Returns.
By McDermott Will & Emery on Jan 7, 2021
Posted In Federal Courts, Reopening Procedures, Texas
Happy New Year! 2021 begins as 2020 ended: mostly without jury trials. Some are determined to change that, however, which brings us to the latest in the saga of Judge Alan Albright’s US District Court for the Western District of Texas case, which we covered immediately below (and elsewhere). When we left off, Judge Albright...
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The Latest on Judge Albright’s January Trial
By McDermott Will & Emery on Dec 21, 2020
Posted In Federal Courts, Reopening Procedures, Texas
Readers will recall our coverage of Judge Alan Albright’s re-transfer of an Austin patent case to Waco so that the court could hold a jury trial in January as scheduled. In that case, the defendant has sought mandamus from the US Court of Appeals for the Federal Circuit to stop the trial, but the petition...
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Lawyers and Judges Battle over COVID-19
By McDermott Will & Emery on Dec 17, 2020
Posted In California, Reopening Procedures, State Courts
Requests for COVID-19-related trial delays can lead to strife between lawyers and judges—and crazy things can happen. We see this most recently in San Bernadino, California, where a civil jury trial has been interrupted in the middle of jury selection. The Sun has the story, which we paraphrase: An attorney who allegedly tested positive for...
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On Again, Off Again
By McDermott Will & Emery on Dec 16, 2020
Posted In Texas
Readers will remember our coverage of the November trial in Eastern District of Texas, Sherman Division, which ended in a mistrial after jurors, court staff, and lawyers on both sides contracted COVID-19. The trial judge, Amos Mazzant, had wanted to push forward, but the number of jurors eventually grew too small. On December 4, Judge...
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Updates from the Several States
By McDermott Will & Emery on Dec 15, 2020
Posted In California, Indiana, New York, North Carolina
A vaccine is on the way, but jury trials are not—at least not in many places. Yesterday Indiana suspended all jury trials in the state until March. North Carolina froze nearly all in-person court proceedings through at least January 14, 2021. The Western District of New York halted all jury trials at least through February...
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Virtual Courtrooms in Miami
By McDermott Will & Emery on Dec 11, 2020
Posted In Court Technology, Florida, Reopening Procedures
This morning we received this notice from state court in Miami (the Eleventh Judicial Circuit) where we have a case pending: Coronavirus/COVID-19: Courthouses are closed for in-person hearings and trials based on public health advisories at the direction of the Florida Supreme Court. The Eleventh Judicial Circuit wants you safe at home. We are...
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Competing Approaches in South Carolina
By McDermott Will & Emery on Dec 7, 2020
Posted In Federal Courts, Reopening Procedures, South Carolina, State Courts
Last week saw differing approaches to the pandemic in South Carolina. In the state court system, Chief Justice Don Beatty suspended all state civil and criminal jury trials, finding “that in light of the ongoing increase in COVID-19 cases throughout South Carolina, and the expectation by the medical community and experts that the number of...
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Trial by Webex, but Not Zoom?
By McDermott Will & Emery on Dec 4, 2020
Posted In Court Technology, Federal Courts, Reopening Procedures, State Courts
Litigation by Zoom is not novel at this point. Depositions by Zoom, motions hearings by Zoom, bench trials by Zoom—it’s all become commonplace. While federal civil jury trials by Zoom have been rare, there have been many in various state courts. And while we know from our daily lives that other videoconferencing services are available...
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In WDTex, the Fight Escalates
By McDermott Will & Emery 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 he 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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