Vanity Benson v. Tyson Foods, Incorporated
Opinion
Plaintiff Vanity Benson ("Benson") appeals from a jury verdict in favor of defendant Tyson Foods, Inc. ("Tyson") for disability claims that Benson brought under the Americans with Disabilities Act ("ADA"),
On January 4, 2017-almost three months after the jury had been dismissed-Benson's lawyer filed a motion for leave to interview jurors post-trial. The next day, Benson moved for a new trial, arguing that the jury ignored the evidence when it concluded that she was not disabled. The district court denied both requests, and Benson appealed.
We turn first to her motion for a new trial under Federal Rule of Civil Procedure 59, and review the district court's denial of that motion for abuse of discretion.
Lincoln v. Case
,
We also consider the appeal of the district court's order denying her counsel's request to speak to jurors in order to learn the basis of the verdict and improve his trial advocacy. In
Haeberle v. Texas International Airlines
,
While we are bound by our court's rule of orderliness to follow
Haeberle
, we note that that opinion is not without its flaws. In particular,
Haeberle
suggests a distinction between the First Amendment rights of the press and those of the public at large.
To be sure, we are mindful that the government may have an interest in regulating the speech of attorneys, given their unique role as officers of the court.
See, e.g.
,
Gentile v. State Bar of Nevada
,
Reviewing the facts and record before us under Haeberle , however, we conclude that the district court did not err in denying Benson's counsel's request to interview the jurors. The district court's judgment is AFFIRMED.
JAMES E. GRAVES, JR., Circuit Judge, concurring in part and concurring in the judgment:
I join the decision to affirm the district court's order denying Plaintiff Vanity Benson's motion for a new trial. I write separately because, while I agree with the conclusion that Benson should not prevail on the motion seeking access to the jurors, I do not reach that conclusion through adherence to
Haeberle v. Texas International Airlines
,
A few months after the trial in this case, Benson filed a motion seeking the district court's leave to allow her counsel to interview the jurors "for the purpose of improving future trials." Counsel attested that they were not seeking to discover information to impeach the jury's verdict, but rather to educate themselves and improve their trial advocacy. The motion was filed pursuant to Eastern District of Texas Local Rule 47(b), which provides, "After a verdict is rendered, an attorney must obtain leave of the judge before whom the action was tried to converse with members of the jury." The district court denied the motion in a one-sentence order.
*236
In
Haeberle
, like here, the district court denied an attorney leave to interview jurors for purposes of educating counsel and improving advocacy techniques.
[N]either the attorney nor any party to an action nor any other person shall himself or through any investigator or other person acting for him to interview, examine or question any juror, relative, friend or associate thereof either during the pendency of the trial or with respect to the deliberations or verdict of the jury in any action, except on leave of Court granted upon good cause shown.
Haeberle
does not bind us here. The case is distinguishable on two grounds. First, the attorney's petition, though framed in terms of improving advocacy, actually sought to "determine on what basis [the verdict] was reached," the very subject the rule sought to guard against.
This problem is not unique to the Eastern District of Texas. The Middle and *237 Western Districts of Louisiana and the Northern District of Texas have all promulgated rules that are even more restrictive of speech than is Local Rule 47(b), barring in perpetuity communications on all subjects between attorneys and some nonjurors without prior leave. See M.D. La. L.R. 47(e)(1) ("No party or their attorney shall, personally or through another person, contact, interview, examine, or question any juror or alternate or any relative, friend or associate thereof, except on leave of court granted upon good cause shown."); W.D. La. L.R. 47.5(d) (same); N.D. Tex. L.R. 47.1 ("A party, attorney, or representative of a party or attorney, shall not, before or after trial, contact any juror, prospective juror , or the relatives, friends, or associates of a juror or prospective juror , unless explicitly permitted to do so by the presiding judge." (emphases added) ). 2 On this ground, I agree that the district courts of this Circuit should take a hard look at these juror communication rules to avoid potentially running afoul of the First Amendment.
On the question of how to dispose of Benson's appeal of the denial of the juror communication motion, I find the Tenth Circuit's approach in
Clyma v. Sunoco, Inc.
,
Like the Tenth Circuit, we also review a district court's application of its local rules for abuse of discretion.
United States v. Moreno
,
It is on this alternate ground that I concur in the decision to affirm the district court's denial of the motion for leave to communicate with the jurors.
Compare
Haeberle
,
Other districts' rules are more narrowly tailored, by preventing only communications regarding the jury's deliberations or verdict (like the rule in Haeberle ), see S.D. Tex. L.R. 47 ("Except with leave of Court, no attorney, party, nor agent of either of them may communicate with a former juror to obtain evidence of misconduct in the jury's deliberations."); N.D. Miss. L.R. 48 ("After the jury has been discharged, neither the attorneys in the action nor the parties may at any time or in any manner communicate with any member of the jury regarding the verdict," except with leave of court); S.D. Miss. L.R. 48 (same), or regarding the proceedings in general, see E.D. La. L.R. 47.5(b) ("Attorneys and parties to an action, or anyone acting on their behalf, are prohibited from speaking with, examining or interviewing any juror regarding the proceedings, except with leave of court. If leave of court is granted, it shall be conducted only as specifically directed by the court."). The Western District of Texas has no rule on the subject.
Reference
- Full Case Name
- Vanity BENSON, Plaintiff-Appellant, v. TYSON FOODS, INCORPORATED, Defendant-Appellee.
- Cited By
- 8 cases
- Status
- Published