Jury or Non-Jury? That is the Question

Publication Source: New York Law Journal

Few would disagree that whether a case is decided by a judge or a jury is an important and, often, critical determination. In the New York metropolitan area, the composition of a jury and, therefore, the type of verdict that is likely to be rendered, vary dramatically depending upon the county where the trial is venued.

In a graphic example of how certain practitioners view the propensities of juries on Long Island, a plaintiff's personal injury firm recently opposed a defense motion to file a late jury demand by asserting, in remarkably blunt terms, that it would be prejudiced by the late filing because jurors in this area are notoriously unkind to such plaintiffs:

If we thought it was in the plaintiff's best interest to request a jury on a personal injury case we would have requested same. Our firm handles many personal injury cases year in and year out in the counties of Nassau and Suffolk. It is our position that Nassau and Suffolk County Jurors are incredibly indifferent to the plight of plaintiffs. Rarely, if ever, do we request a jury trial in Nassau or Suffolk for our personal injury plaintiffs. It has been our experience that jurors are not sympathetic to the plight of those plaintiffs' cases who wind up going to trial.¹

Not surprisingly, the court rejected this argument, noting 'that whether the case is tried before the Court or a Jury, it is to be determined on the facts and law and not on sympathy.'²

Notwithstanding the court's observation that cases should be determined on the facts and law and not on sympathy, counsel would do a grave disservice to their clients if they did not carefully analyze the real, practical implications of whether the trier of fact will be a judge or a jury.

Read the full article in the attached PDF.

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Kevin Schlosser is a Shareholder at Meyer, Suozzi, English & Klein, P.C., where he is Chair of the Litigation and Alternative Dispute Resolution Department which has a full roster of available private judges from virtually all disciplines of law. Mr. Schlosser also authors the popular blog, “New York Fraud Claims,” which analyzes the latest developments concerning civil fraud claims under New York law.

Reprinted with permission by the New York Law Journal.