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Judges › Bias

EDRM - Electronic Discovery Reference Model

A Groundbreaking Perspective: Judge Newsom’s Vision for AI in Judicial Decision-Making

EDRM - Electronic Discovery Reference Model on

Judges and lawyers received a significant gift last week when 11th Circuit Judge Kevin C. Newsom penned a concurring opinion in a seemingly mundane insurance case involving a backyard in-ground trampoline. The concurring...more

Farella Braun + Martel LLP

Please Address the Bot as the Honorable Claude!

Farella Braun + Martel LLP on

This is an interesting thought. But a big concern is one that is already an issue in the corporate world: the biases of the AI “judges” employed to make determinations regarding customers. I'd fear the training materials...more

Fox Rothschild LLP

Get that Judge “Outta Heah!” A Primer on Recusal

Fox Rothschild LLP on

Last week’s news concluded with a jury awarding $83 million in punitive damages in a New York defamation trial involving a certain former U.S. President. This week started with a Motion filed by President Trump’s lawyers...more

Faegre Drinker Biddle & Reath LLP

New Jury Selection Procedure in California: Is This the End of Peremptory Challenges? Is This the End of Batson?

Faegre Drinker Biddle & Reath LLP on

Jury selection in California is undergoing significant change. In August 2020, the California legislature passed AB 3070, which was signed by Governor Gavin Newsome on September 30. Beginning in 2022, objections to peremptory...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

Holland & Hart - Your Trial Message on

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Hinshaw & Culbertson - Lawyers' Lawyer...

The Lawyers' Lawyer Newsletter – Recent Developments in Risk Management – August 2020

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Representing the Estate Executor – Ethical Duty – Confidentiality – Withdrawal - New York State Bar Association Ethics Opinion No. 1194 - Risk Management Issue: Does a lawyer for an estate executor have an ethical duty...more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Faegre Drinker Biddle & Reath LLP on

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

Holland & Hart - Your Trial Message

Let the Judges Judge (and Not Settle Cases)

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You’re heading to trial and there is one last hurdle: the mandatory settlement conference that your judge is gunning for. He has signaled at every opportunity that he thinks this is a case the parties should resolve prior to...more

Holland & Hart - Your Trial Message

Strike Your Judge

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The peremptory strike is a well-established tool for addressing bias within a future jury. While the strike has its critics, the case is strong for having a method to address bias that is real but falls below the threshold of...more

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