Brian Donnell, partner, had his “Tips on Trying to Jury a Large Business Case in Connecticut on the Complex Litigation Docket, Part 1” article published by Connecticut Law Tribune. The article provides insights into trying large business cases on the complex litigation docket (CLD) in Connecticut. Highlighting a significant rise in large jury verdicts against corporate defendants in 2023, Brian’s article emphasizes the importance of drafting dispute resolution clauses in commercial contracts and seeking to move business cases to the CLD. The article is the first in a two-part series and details the tools and benefits of presenting complex business disputes to a jury using the CLD, with a specific focus on managing these cases efficiently.
A case study of Girolametti v. City of Danbury exemplifies the process of trying large business cases to a jury. In this case, the jury found the city’s building officials acted recklessly, awarding the plaintiffs nearly $17 million in damages. This verdict, upheld after extensive post-verdict motions, underscores the potential for successful jury trials in complex business disputes. The case illustrates the advantages of the CLD in handling such trials effectively, demonstrating the potential for large settlements and the importance of thorough preparation and strategic management.
The article discusses the importance of the trial management order (TMO) and the trial management conference once settlement options are exhausted. It advises engaging all counsel in discussions on various critical topics, such as setting dates for motions, jury selection, evidence preparation, and trial duration. Detailed preparations, including the submission of trial exhibits and witness disclosures, are emphasized as crucial for streamlining the trial process. The conference report, summarizing pre-trial decisions and proceedings, plays a key role in ensuring a well-organized trial.
Brian’s article also provides procedural tips for jury selection in complex litigation, with a recommendation to request the trial judge’s direct participation. The Girolametti case serves as a model for this approach, highlighting the efficiency and effectiveness of having a judge oversee jury selection. This process ensures a fair and attentive jury while preserving the voir dire process and “should be jointly proposed by all the parties to the judge at the TMO, if not earlier.”
The article concludes by challenging the conventional wisdom of avoiding jury trials for complex business cases, suggesting that the tools available in the CLD can facilitate impartial jury selection and a streamlined trial process, making jury trials a viable option. Brian said, “After all, in the Girolametti case the best pretrial estimate by the defendants was that it would take two months of evidence working five days a week to complete testimony from 76 witnesses. In the end it took only five weeks, with less than half the expected number of witnesses being called to try the case to verdict.”
Connecticut Law Tribune subscribers can read the full article here.