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Updates from the Several States

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 24. (The Western District includes Buffalo and Rochester.)

The Western District’s order, like many closure orders, also applies to grand jury proceedings. But not all grand juries are shut down. Last week a grand jury in the Southern District of California returned an indictment of a physician for crimes arising from his business venture selling COVID-19 “treatment kits,” which he advertised to one potential customer as a “miracle cure.” The defendant is a licensed physician and the former operator of Skinny Beach Med Spas in and around San Diego. According to the DOJ press release, the defendant agreed with a Chinese supplier to smuggle hydroxychloroquine powder into the U.S., lying to U.S. Customs by mislabeling a shipment as “yam extract.” The defendant is also charged with stealing the name and identifying information of one of his employees in order to create and submit a bogus prescription for hydroxychloroquine on the employee’s behalf, in order to sell the drugs at a markup to his customers.

Why cover a grand jury indictment on a trial blog? It’s what’s happening. Trials are not.




Content May Soon Run Out

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 later date.

District of Colorado: Civil and criminal jury trials scheduled before January 8, 2021 are continued to a later date.

Northern District of Illinois: Civil and criminal jury trials suspended indefinitely.

Central District of Illinois: Civil and criminal jury trials suspended and shall be reset for a date after January 25, 2021.

Southern District of Illinois: Civil and criminal jury trials set through January 24, 2021 are cancelled and will be reset.

Northern District of Indiana: All jury trials scheduled to begin before January 29, 2021, are continued and will be rescheduled by the presiding judge “unless the presiding judge, in their discretion, determines on a case-by-case basis that a trial should proceed as scheduled.”

Southern District of Indiana: All “in person jury trials “are continued until at least January 25, 2021. “Jury trials conducted by video teleconference” may proceed upon motion and/or Order of the presiding judge.

District of Kansas: All criminal and civil jury trials are suspended until January 4, 2021.

Eastern District of Kentucky: Civil and criminal jury trials set through January 15, 2021 are “continued generally.” However, “any judge may, in his or her discretion, determine that the need to conduct a jury trial during this period outweighs the public health concerns addressed herein.”

Western District of Kentucky: No jury trial shall be scheduled to begin before January 3, 2021.

District of Maryland: All in-court proceedings are suspended.

District of Minnesota: All criminal and civil jury trials set for 2020 are continued. All “civil jury trial-specific deadlines” are also continued. Trial judges may approve exceptions.

Western District of Missouri: All criminal and civil jury trials set before January 4, 2021 are continued,

District of Nebraska: All civil and criminal jury trials set on or before December 1, 2020 are continued.

District of Nevada: All jury trials are postponed pending further notice.

Northern District of Oklahoma: All civil trials (the order does not distinguish between jury and bench trials) through November 30, 2020 are continued, but all other scheduling order deadlines remain in effect.

Western District of Pennsylvania: All civil and criminal trials scheduled to begin before February 8, 2021 are continued. “Notwithstanding the above, the Court intends on an initial basis to conduct one or more civil jury trials in each Division of the Court at one or more junctures occurring during the period of November 2020 through January 2021 in order to facilitate and assess the safe and effective implementation of operational protocols for jury trial operations. Such civil jury trials will be scheduled by the presiding judicial officer after consultation with the undersigned and shall not involve any detained participants.”

Western District of Texas: All civil and criminal jury trials set before November 30, 2020 are continued. However, divisions may opt out. (All eyes are on the Waco Division.)

District of Utah: All civil and criminal jury trials are continued through February 1, 2021.

Eastern District of Virginia: Civil jury trials are suspended indefinitely. No criminal jury trials will be held before January 19, 2021.

Eastern District of Washington: Civil and criminal jury trials are suspended for the rest of 2020.

Western District of Wisconsin: Civil and criminal jury trials are suspended through January 31, 2021.




Dark Winter for Trial Lawyers

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, never resumed holding jury trials, and it has canceled its plans to do so in December. Alaska has shut down jury trials through at least January 4. Pennsylvania has suspended most courthouse operations, including jury trials, statewide—just days after leaving it up to individual jurisdictions. And the US District Court for the Southern District of Indiana has suspended all jury trials through January 25.

Meanwhile, in the suspended US District Court for the Eastern District of Texas breach of contract trial in Judge Amos Mazzant’s courtroom, which we’ve covered previously, now 13 participants—including two jurors, two people on the plaintiff’s team and three people on the defense—have tested positive for COVID-19. The trial had been set to resume November 30, but one juror didn’t feel comfortable returning to trial at any point, another said they wouldn’t feel comfortable unless the trial was postponed for a month and a third wouldn’t be able to return until December because of scheduling issues, Law360 reports. The result is a mistrial. Judge Mazzant is pushing all his scheduled December trials into 2021.




A BigLaw Jury Trial in Indiana State Court

Indiana state courts have been open for jury trials since July 1, and major civil jury trials are being held. The procedures in Warsaw, Indiana, for a week-long trial: Jurors one seat apart. Everyone is masked except those speaking. Lawyers addressing the jury without masks must stand at a podium 10 feet from the jury. This level of restrictions would be insufficient in most federal courts and in many states. The trial team’s takeaway, in an analysis they published: During the pandemic, it is important not to waste the jury’s time with unnecessary testimony. We generally find this to be true in more normal times as well.




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

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