On June 10, 2022, Gary Matsko was quoted in the article, “Defendant gets new trial after judge refuses to poll jury,” in Massachusetts Lawyers Weekly. The story covers U.S. District Court Judge Richard C. Stearns’s recent decision in a civil securities fraud case. In the case, Judge Stearns granted a new trial on the basis that the presiding judge, Judge William Young, committed reversible error by refusing a defense request to poll the jury. In so ruling, Judge Stearns addressed an issue of first impression in the 1st Circuit, holding that refusal of a party’s request to poll the jury constitutes reversible error in civil cases as well as criminal cases.

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This is the sort of thing that can be left to the discretion of the court as to whether or not the decision not to poll resulted in a severe enough prejudice to warrant a new trial. It’s a tremendous expense to go through a new trial. I wouldn’t be surprised to see the 1st Circuit take that into consideration.

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Read the article in Massachusetts Lawyers Weekly.