U.S. Supreme Court

U.S. Supreme Court Rules Juries Can be Recalled in Civil Cases

On Thursday in Dietz v. Bouldin, the Supreme Court ruled that federal district courts can recall jurors after identifying errors in deliberations.

The decision involved the trial of a car wreck case in Florida. The defendant admitted liability and stipulated $10,136 in damages for plaintiff’s medical expenses. During deliberations, the jury sent out a note asking whether plaintiff’s medical expenses had been paid and, if so, by whom. As is typical in that situation, the judge gave a non-response that the information was not relevant to the verdict. The jury then returned a plaintiff verdict for $0.

The judge discharged the jury. Then, the judge realized that the verdict had to be for over $10,136. Over plaintiff’s objection, the judge recalled the jurors, all but one of whom were still in the courthouse. After questioning the jurors and determining that none had discussed the case with anyone, the judge gave clarifying instructions and ordered the jury to resume deliberations. The jury then returned a plaintiff verdict for $15,000.

The plaintiff appealed and argued for a new trial. The Ninth Circuit affirmed.

In a 6-2 decision, the Supreme Court ruled that it was within the trial court’s inherent power to recall the jury. But the court should be careful when exercising the power and do so only in civil cases after determining that the jury was not tainted after discharge. The judge should question the jurors about whether they discussed the case with anyone, accessed their smartphones or the internet or were impacted by the parties’ reaction to the verdict.

Justices Thomas dissented with an opinion joined by Justice Kennedy. The dissent argued that the better rule is the common law bright line rule that once discharged, the judge cannot recall a jury. The dissent states:

All rules have their drawbacks. The common-law rule, on occasion, may unnecessarily force a district court to redo a trial for a minor substantive mistake in the verdict. But the majority’s multifactor test will only create more confusion. It would be much simpler to instruct the district courts, when they find a mistake in the verdict after the jury is dismissed, to hold a new trial.

My Take:

New rule: you can’t put a skunk back in the box–unless it’s a civil case. Then it’s ok.

In theory, I don’t mind a trial judge having a bit of discretion in this area. But come on. Bringing back a jury that rendered a $0 verdict when the defendant stipulated $10,136 in legitimate medical expenses? Everyone knew the plaintiff was going to get screwed. This was a bad jury. And the judge was more interested in getting it over than getting it right.

This case goes in my Improving the Jury System category. It’s another example of a case where the jury system didn’t work well. I don’t blame jurors for this. I blame a legal system that pretends like the jury system is perfect and never tries to improve it. You know what I bet they didn’t tell the jury in plain English? That the verdict must be for at least $10,136.

$15,000 was probably just enough to stick. I would like to see what the judge would have done if the jury had come back with $10,136.01.

It’s sad–but completely unsurprising–that the Supreme Court didn’t seem to notice how screwed up this was.

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U.S. Supreme Court Vacates 5th Circuit Decision on Mississippi Retaliatory Discharge Case

On June 30, 2014 the U.S. Supreme Court granted cert and vacated a 5th Circuit Court of Appeals decision in Gibson v. Kilpatrick.

The case originated in the U.S. District Court for the Northern District of Mississippi, with Judge Michael Mills presiding. The plaintiff was the former police chief of Drew. He alleged that the town’s mayor fired him in retaliation for reporting theft of gasoline by the mayor (Kilpatrick).

The trial court ruled that the employment actions against Gibson violated his First Amendment rights. The Fifth Circuit reversed based on prior precedent. Apparently there was a later change of law, however, with the Supreme Court issuing the following ruling:

The petition for a writ of certiorari is granted. The judgment is vacated, and the case is remanded to the United States Court of Appeals for the Fifth Circuit for further consideration in light of Lane v. Franks, 573 U. S. ___ (2014).

This was a big win for Gibson and his attorney, Jim Waide of Tupelo.

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Obama’s appointment of Sotomayor politically brilliant

After the 2004 presidential election it appeared that the Democratic Party was dead as a national force. If they could not beat Bush in 2004, they simply could not win on the national scale. Regardless of your political views, it was obvious that the Republicans played the political game much better than the Democrats. But what a difference four years and Barack Obama makes. Now people are saying the same things about the Republican Party. Simply put, President Obama and his team do not get out politicked by the the Republicans.

With the appointment to the Supreme Court Monday of Sonia Sotomayor, Obama made a political maneuver that a few years ago Democrats appeared incapable of making. Here are two articles discussing the politics of the appointment: 1, 2. The beauty of the appointment was that it both played to Democratic base and threatened to further drive a wedge between Republicans and swing voters. One article noted that:

He played smart base politics with the historic selection of a Hispanic (a first) and a woman.

The other article noted:

By nominating Circuit Judge Sonia Sotomayor to be the first Hispanic justice on the U.S. Supreme Court, President Barack Obama all but dared Senate Republicans to risk alienating Latinos by trying to block her confirmation.

It was a foregone conclusion that Obama would appoint someone who Republicans viewed as a “liberal.” By appointing a Hispanic woman ,Obama should strengthen Democratic popularity with Hispanic and women voters. The more Republicans attack Sotomayor, the more they risk alienating Hispanic voters, a group who Republicans are surely not ready to give up on.

While Senate Republicans will be under pressure from their base to attack Sotomayor, that would be politically foolish. Baring an unforeseen scandal, Sotomayor will be confirmed by the Senate. It makes little sense for the Republicans to alienate swing voters in order to pander to a base who they cannot lose. What is the Rush Limbaugh wing of the party going to do, start supporting Obama? The President will likely get to fill at least two more seats on the Court, so the Republicans should save their attacks for the next “liberal” appointment.

Of course, the fractured Republican Party may cave to its base and attack Sotamayor. If so, look for the attack dogs to be senators from red states like Mississippi that are locked up for the Republicans and have a low Hispanic population. Republicans should instead focus on regaining the party’s identity and determining who will lead the party going forward.

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News from around the web on Justice Souter’s retirement

Rather than try to reinvent the wheel on Justice Souter’s retirement and speculation on possible replacements, I am providing links to articles discussing these issues:

Wall Street Journal Law Blog

SCOTUS Blog (a blog dedicated to the U.S. Supreme Court).

Associated Press speculation on possible replacements

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