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States Shut Down Jury Trials as COVID-19 Cases Spike Again

By Thomas Kane on November 18, 2020
Posted in Coronavirus (COVID-19), Practice of Law
Scales-of-Justice-shutterstock_140867215

We have previously discussed (here and here) the complex issues surrounding the resumption of jury trials during the COVID-19 pandemic. We cautioned that the various experimental efforts to resume jury trials taking place in courts around the country were likely to meet with a host of practical and jurisprudential problems. A few weeks…

Trial and Error: COVID-19 Challenges Courts Hoping to Resume Jury Trials

By Thomas Kane & Maximilian D. Cadmus on October 8, 2020
Posted in Coronavirus (COVID-19), Practice of Law
shutterstock_1132288550 (1)

Mark Twain once said: “Trial by jury is the palladium of our liberties. I do not know what a palladium is, but I am sure it is a good thing!” If Mr. Twain were alive today, he wouldn’t be quite so sure that jury trials conducted during the COVID-19 pandemic are really such a good…

Discretion of Federal District Court Judges to Manage Their Dockets

By Theodora McCormick on October 6, 2020
Posted in Practice of Law
Judge-shutterstock_572416810

The Third Circuit recently affirmed the significant discretion that district court judges have to manage their dockets when it confirmed that “good cause” must be shown under Federal Rule Civ. P. 16(b)(4) to add a party or amend a pleading after the deadline in a district court’s scheduling order has passed rather than Rule 15(a)’s…

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