Tuesday, December 13, 2005

On the lone juror

I just read an article that says Lone juror caused Merck's Vioxx mistrial.

At lunch today, I told a tale of a civil case I defended in federal court, where one of the jurors called me after the trial, and told me that the initial vote on liability was 6-1 for the defense but the 6 eventually gave in to the one and gave the plaintiff a little bit of money, so little that plaintiff's counsel filed a motion complaining that the amount was lower than the law would allow.

The call set me into a panic for a while as I tried to figure out whether I had done something wrong in listening to a juror talk about a case. Ultimately, I was advised to put whatever he said out of my mind, because there was nothing I could do about it and the jurors are prone to lie - the ones that say they were in there pulling for you are the ones that were most likely blackening your name.

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