Trial By Covid

Despite the ongoing pandemic, civil jury trials have resumed in many venues throughout the United States.

There is little doubt that the frequency of civil jury trials will increase with more widespread distribution of vaccines and the implementation of new social distancing courtroom protocols.

Consequently, counsel and claims professionals should be evaluating the risks that changes in social conditions, juror beliefs, and juror behaviors may pose—financially and to the defense overall—in light of the pandemic’s effects.

The plaintiff’s bar has seized opportunities for collective learning and strategizing during this time.

Several top plaintiff trial attorneys and experts featured in recent well-attended CLE-type trainings have predicted that plaintiffs will have a strong advantage in jury trials conducted in the midst or wake of COVID-19.