Justices Give Practical Fix To Rare Problem Of Jury Recalls

Law360, Los Angeles (June 9, 2016, 11:12 PM EDT) -- The U.S. Supreme Court's decision empowering federal district courts to recall discharged civil juries if verdict errors are discovered could save parties the trouble and expense of a retrial, but in such rare instances, the potential for returning jurors to be biased by outsiders could have an enormous impact on the case, experts say.

The high court's 6-2 decision Thursday affirmed the Ninth Circuit's opinion that a Montana federal judge hadn’t abused his discretion in recalling jurors after dismissing them because the six minutes between the jury’s discharge and recall was sufficiently brief. Justice Clarence Thomas joined Justice Anthony Kennedy in...

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