Posted On: March 16, 2009 by Ronald V. Miller, Jr.

Twitter Mistrial?

Has it really come to this? Two defendants have appealed a $12.6 million verdict in a commercial litigation case alleging that a juror posted messages on Twitter during the trial that demonstrated he was biased against the defendants.

According to the motion for new trial, one "tweet" listed the website of the Defendant and read in part: "Oh and nobody buy [defendant] Its bad mojo and they'll probably cease to exist, now that their wallet is $12 million lighter." Another read: "I just gave away TWELVE MILLION DOLLARS of somebody else's money." The motion theorizes that was "predisposed toward giving a verdict that would impress his audience."

This is just plain silly because this all appears to be after the verdict. If he was Twittering during jury selection biased thoughts, that would be a very different motion.