Different Approaches in Texas

By on October 9, 2020

The Supreme Court of Texas extended its ban on in-person jury trials until December 1, San Antonio’s Spectrum News reports: “Since jury trials have slowed significantly since March, it’s been nearly impossible for attorneys to do their job to the best of their abilities.”

However, lawyers are doing their jobs in at least some federal courts. Yesterday Judge Rodney Gilstrap completed a six-day patent infringement trial in federal court in Marshall, Texas, with a $5 million verdict for the plaintiff. The plaintiff’s attorney said the court’s safety precautions made for a “very comfortable experience.” Law360 reports that lawyers and witnesses did not wear masks, but there was a plexiglass shield in front of the witness stand to protect court staff. This is at least the third pandemic jury trial Judge Gilstrap has conducted, with one, in August, resulting in a $506 million verdict.

McDermott Will & Emery
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.

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

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