Jury Issues a Straight Defense Verdict

Nilan Johnson Lewis (NJL) represented a Fortune 500 Bank against age discrimination and retaliation claims by a 56 year old executive with 32 years of experience with the bank. They tried the case for two weeks in Hennepin County state court (Minneapolis) during the same time as many of the George Floyd preliminary hearings so it was a bit chaotic in the courthouse. A jury of 6 women and 1 man unanimously rejected plaintiff’s claims for $12.4 million dollars and issued a straight defense verdict. The trial was remarkably similar to most other trials with a couple of notable exceptions. Jury selection was conducted in groups of six to maintain social distancing. When the jury deliberated they were provided documents in three rings and gloves for handling. This is notable, out of the pool of 13 jurors that were initially brought into the court room only one juror expressed serious concern about personal safety. After the jury was selected three jurors were in the jury box and four others were spaced out in the public section in the back of the court room. The judge, jurors and lawyers wore masks at all times. The witnesses took their masks off to testify. Documents were introduced electronically.  

 Another employment jury trial was out at the same time as our jury was deliberating. That jury reached the opposite conclusion and found in favor of the plaintiff so I don’t know that we can draw any conclusions about how Covid is impacting jury perceptions in Hennepin County.