Law Brief®: Trial by Jury - With Richard Lomuscio and Richard Schoenstein
Employers are required to allow their employees in New York time off to serve as jurors and to be compensated for their time attending jury service and missing work. For the first time since 2003, the New York Judiciary Law...more
For the first time in decades, the New York State Legislature and governor amended Sections 519 and 521 of the Judiciary Law, to increase the daily rate of pay for trial and grand jurors serving in New York State, from $40 to...more
The U.S. and California Constitutions protect the right to a jury trial in all criminal cases and most civil lawsuits. Although most criminal prosecutions and lawsuits end before reaching trial, large population centers like...more
The new year provides an excellent opportunity for employers of all sizes to update their employee handbooks and policies to stay compliant with new laws and regulations. This is especially true in California, where...more
It’s that time of year for my annual holiday rituals: gingerbread lattes, Black Friday sales and employee handbook updates! As we move into 2025, California’s legal landscape continues to evolve, with several important...more
California’s 2024 legislative session wrapped up with Governor Gavin Newsom signing significant bills affecting employers’ workplace policies and operations in the state. The new laws below take effect on Jan. 1, 2025....more
On September 29, 2024, California Governor Gavin Newsom signed into law Assembly Bill (AB) No. 2499, a measure that provides leave protections for victims of domestic violence, sexual assault, stalking, or other crimes, as...more
On September 29, 2024, the Governor signed Assembly Bill (AB) 2499, expanding the list of crimes for which employees can take time off and allowing employees to take protected time off to assist family members who are victims...more
May 20, 2024, marked the end of the legislative session for yet another historic and busy year for Minnesota’s legislature. Amidst endless shouting, a sprawling 1,400-plus-page omnibus bill, and ethical complaints, the...more
People of a certain age remember when lawyers were almost always depicted in movies and television as competent, resourceful, honest, and zealous courtroom advocates for their clients. Long-running courtroom dramas such as...more
Mitratech and Clear Law Institute sat down for an expert panel uncovering how today’s companies can stay one step ahead of shifting regulatory and HR policies. Employers and HR & Compliance professionals from across...more
Claim to excess funds in foreclosure- In this appeal, the Eighth Appellate District considered who is entitled to excess sale proceeds; another mortgagee (who never appeared or answered in the case) or the borrower? Here,...more
Courts across the country are temporarily suspending jury trials amid the Omicron variant wave. Prior to that surge, many jurisdictions had resumed criminal and civil jury trials with health and safety protocols. ...more
On the latest Law Brief® episode, Litigation Partner Richard Lomuscio joins host, Richard Schoenstein to talk about juries. Following a number of recent, high-profile jury trials, the two Riches discuss jury duty and jury...more
The COVID-19 pandemic has foisted ten years of technological advances on the legal sector in a period of ten months. In June of 2020, when the novel Coronavirus was truly novel, we blogged (here) about whether virtual jury...more
Q: I’ve been summoned to jury duty, but I’m scared about contracting COVID-19, what can I do? A: Iowa law allows a juror to request that he or she be excused from jury service under certain limited circumstances....more
These are stressful times, and there are many reasons to expect that your jury pool in the near future is going to be a little stressed out. In the article, “The Pandemic Juror,” (Wilson 2020) a University of Tennessee law...more
Gov. Newsom has signed Senate Bill 592 (“SB 592”) into law. Effective next year, SB 592 requires jury commissioners across the state to include anyone who files state taxes in the pool of prospective jurors. Currently,...more
It is obvious that we live in a time of extraordinary polarization, and we are in the midst of an election that is bringing that schism into even starker contrast. Red and blue Americans differ in our demographics, our...more
We are, of course, still in the midst of the pandemic, and if the question is, “How are people feeling about that?” there is not just one answer. There isn’t even a good answer that can be accurately expressed as an average....more
In mid-June, Chief Judge Janet DiFiore appointed the Commission to Reimagine the Future of New York’s Courts, and charged it with examining technological, regulatory, and other long-term innovations for New York Courts. ...more
As the COVID-19 pandemic continues with no certain end in sight, courts and lawyers alike must come to terms with the possibility that the conduct of trials may require dramatic changes to keep the wheels of justice turning....more
As I write this, a crowd of Trump supporters is entering the BOK Center in Tulsa, Oklahoma, to attend the President’s first mid-pandemic rally. In other parts of the country, and at opposite ends of the political spectrum,...more
The Texas Legislature’s 86th session adjourned on May 27, 2019, and there is little likelihood that the governor will call a special session. The legislature primarily focused on educational reforms this year. Regarding...more
If your jurors are dug in on questionable beliefs, that can matter in how they view your case. Maybe they think that every large company puts greed over lives. Perhaps they believe that every officer is always telling the...more