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In the latest issue of the Illinois State Bar Association’s Tort Trends newsletter, MDR's attorneys Albert E. Durkin and Joseph Salvi analyze a case that highlights the risks of attorney conduct, both inside and outside the courtroom.
In Kroft v. Viper Trans., Inc., the Illinois 1st District Appellate Court vacated a $43.8 million jury verdict after finding that plaintiffs’ counsel’s social media activity during trial compromised the fairness of the proceedings.
Read the full article by Albert E. Durkin and Joseph Salvi in the ISBA Tort Trends newsletter: HERE
What Happened
- The case involved a catastrophic rear-end collision with a semi-truck. Liability was admitted, and the trial focused on damages.
- After a first mistrial due to misconduct, the retrial began in July 2023.
- During jury selection, a blog post titled “What Jurors Should Know But Don’t” was published on plaintiffs’ counsel’s website and Facebook page. It included details about the prior trial, verdict, and case number, where the information could have influenced jurors.
- Defendants argued that the posts were an improper attempt to sway the jury. The trial court denied multiple mistrial motions, and the jury awarded $43.8 million again.
- On appeal, the Appellate Court vacated the verdict, ruling that the posts posed a serious threat to the fairness of the trial and should never have been published during ongoing proceedings.
Key Takeaways
The Appellate Court emphasized that attorneys must exercise extreme caution with social media and public communications during trial. Posts containing case-specific details risk undermining impartiality, violating professional conduct rules, and most importantly, jeopardizing clients’ outcomes.
Justice Pucinski, in a special concurrence, highlighted the human cost: the injured plaintiff now faces a third trial because of her attorney’s actions.
Why This Matters for Practitioners
- Avoid case-related posts during trial. Even indirect references can raise concerns of juror influence.
- Respect motions in limine. Introducing barred or undisclosed evidence can derail even strong cases.
- Handle juror misconduct inquiries carefully. Individual voir dire may be necessary to ensure candor.
- Remember client impact. Missteps can cause years of delay, added expense, and emotional toll for clients.
This case highlights the importance of trial lawyers exercising caution on social media. With 250+ years of combined experience and $450 million recovered, MDR LAW LLC brings the discipline, expertise, and results clients can trust.