The Importance of Trial by Jury

I recently read a speech given by Federal Judge William Young on the importance of our country's jury system.  No where in the world does the citizenry  have the right to play such a vital role in government.  Unfortunately, our jury system is under attack from many different directions.  It is often widely criticized by those who have no experience or familiarity with it.  Even worse it is attacked by those special interests who seek to take advantage of those who most need the protections of it.  The jury has always been the protector of the weak from being overrun by the strong.   Judge Young's speech should be a must read for every adult and high school student in this country.  Here is an excerpt from his speech:

Yet the American jury system is dying. It is dying faster in the federal courts than in the state courts. It is dying faster on the civil side than that on the criminal side, but it is dying. It will never go entirely, but it is already marginalized. It is not at the center of our political discourse. How is this possible, with our Constitution and every one of the 50 state constitutions guaranteeing the right to trial by jury? The general answer is that we do not care.  

The entire speech can be downloaded here.  Download file

Victory for the Construction Industry

Pending for almost two years, the Texas Supreme Court has finally issued an opinion in Lamar Homes v. Mid-Continent Insurance.  A copy of the opinion can be found here.  This case involves two important questions to the construction and insurance industries. The first is whether a construction defect can be an “occurrence” within the terms of a CGL policy when the only damage is to the building itself. The second question is whether a claim for a defense under an insurance policy is a “first party” claim sufficient to trigger the prompt payment provisions under former Article 21.55 (now codified as sections 542.051-.061) of the Texas Insurance Code. 

In a somewhat surprising opinion, the Court answered “yes” to both questions. As it relates to construction defects, the Court held these can be an “occurrence” or “accident” under the terms of the policy. This is quite a victory for the construction industry and a significant blow to the insurance industry. The trend in the insurance industry had been to resist defend many construction defect cases on the basis that there was no occurrence. With this opinion, insurers will find it difficult to deny defense obligations in most construction defect cases.

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