Study shows surge in federal coronavirus-related filings

A snippet from the story about the study, which was conducted by Lex Machina:

Looking at U.S. federal district court complaints filed between March 1 and May 2 that referenced keyword terms tied to the coronavirus pandemic, Lex Machina found there was a 110% spike around mid-April, according to a report released on Monday.
The pandemic has also been referenced in filings that touch on 14 of the 16 practice areas that Lex Machina tracks, and most filings cite the coronavirus pandemic as a major factor behind the filing as opposed to just mentioning the current state of affairs, according to the data.
“We found that a total of 287 cases cited COVID-19 as a reason for filing and 108 merely mentioned a COVID-19 keyword as a preface or procedural recitation,” Lex Machina said in a blog post about its findings.

North Carolina anticipates major backlogs when courts resume operations, asks attorneys for help

In anticipation of a reopening on June 1, the North Carolina courts have asked attorneys to mail in their filings well in advance of that deadline. The court system expects a massive crunch in paperwork once it resumes full operations. Due to the coronavirus pandemic, filings are down 54% for the year, and case dispositions are down 65%.

Oregon forges ahead with some jury trials

While most states are delaying trials or holding them via videoconference, Oregon’s courts are continuing in-person jury trials for many criminal defendants. Social distancing guidelines have been put into place, but there is much trepidation on the part of jurors and observers alike.

“It is very unusual,” said Paula Hannaford-Agor, the director of the Center for Jury Studies at the National Center for State Courts, a nonprofit organization that supports state court systems. “To the best of my knowledge, Oregon has been the only state that I’m aware of that has been doing trials.”

Across the country some of the orders limiting or halting court functions are set to expire, Hannaford-Agor said, while others states have closures or limited court functions that extend until June and even July. Though Multnomah County has reopened trials, neighboring Clark County, Washington, has decided to delay all trials until at least July 6.

“Jury service is the very definition of community spread,” Hannaford-Agor said. “There’s probably no better way to spread the infection than putting anywhere from 50 to 300 people in a room together sitting side-by-side for hours at a time.”

In Oregon, many trials have been rescheduled. But for some criminal defendants who are in custody that’s not possible. Oregon law has less flexibility than other states when it comes to speedy trials and no emergency provision to delay them. In custody defendants get the right to a [trial] within 60 days of their arrest.

Federal courts ask Congress for coronavirus assistance

The federal judiciary has asked Congress for $36.6 million in supplemental funding to work through the coronavirus pandemic. The money would be used for cleaning courthouses, enhanced medical screening, information technology updates, and other IT infrastructure, among other things. The judiciary is also seeking new legislation to toll certain bankruptcy deadlines, add new temporary judgeships, and protect litigants and detainees from unnecessary coronavirus exposure.

The letter setting out the requests is here.

Another look at state courts handling the COVID crisis

This story nicely illustrates how the New York court system absorbed the initial blow of coronavirus-related closings, and is now slowly reopening its civil docket via videoconference. The story is probably not an unusual one for state courts in this unusual time, but it seems worth logging some of them here for posterity.

Federal court will conduct three-week patent trial via Zoom

A federal judge in the Eastern District of Virginia has ordered a patent infringement trial to proceed as scheduled on May 6. The entire trial will be conducted through the Zoom videoconferencing platform. It is expected to take about three weeks.

Plaintiff Centripetal Networks, Inc. alleges that Cisco Systems is infringing five of its patents for network technology. The case was filed in early 2018.

Cisco opposed the Zoom trial, arguing first that it would expose its proprietary technology to the public, and second that if the trial were to go forward via videoconference, it would be safer to hold it through Webex rather than Zoom. Cisco owns the Webex platform. The court rejected both arguments.

Earlier this month, a Texas state court held a one-day bench trial via Zoom. But this is a much more complex case, involving multiple claims, patents, and witnesses. If it proves successful, it may open the door to many more bench trials being conducted remotely. If the court and parties encounter major technical glitches, however, it may set back the movement for remote trials considerably.

Federal courts deliver guidelines for reopening

The Administrative Office of the U.S. Courts has issued guidance regarding the opening of federal courthouses across the country. The guidelines envision a four-phase process, moving from the current scenario (most courthouses closed, hearings by phone or video, most employees working from home) through limited reopening with social distancing, and eventually a return to normal operations.

This is just a framework, not a schedule. The courts will not proceed along any opening path until data from the Center for Disease Control and other public health officials suggest that it is prudent to do so.

Three New York judges die from COVID-19

Sad, if likely inevitable, news: COVID-19 deaths are now directly impacting the judiciary. Yesterday, New York state officials reported that 168 state court employees had contracted the novel coronavirus, including 17 state judges. At least three of those judges — all in their mid-60s — have now died from the virus.

Aside from the personal loss and grief that comes from the sickness and death of colleagues and coworkers, the New York court system now finds itself with fewer human resources to keep up with its work. Already the system (like all court systems) has slowed its pace and transitioned at least in part to video and teleconferencing, but the attrition in the internal workforce with complicate matters even further. There are likely to be ripple effects throughout the criminal and civil justice systems as judges, court staff, attorneys, parties, and witnesses battle the disease personally and in relation to their families and friends.

State courts extend and explain COVID-19 protocols

Yesterday, the Supreme Court of Colorado and the Supreme Judicial Court of Massachusetts respectively sent letters to their registered attorneys, informing them of recent measures taken to address the COVID-19 pandemic. Massachusetts will be extending its courthouse closures for most matters, including all jury and bench trials, while tolling statutes of limitations through the end of May. Colorado has delegated considerable administrative decisionmaking authority to the chief judge of each judicial district, in acknowledgement of the different circumstances and available resources in each district.