I recently presented oral argument at the Ninth Circuit Court of Appeals in Veronica Danielson v. Megan Brennan, et al, No. 17-35928. There I argued, my client, a United States Postal Service letter carrier, had been retaliated against by her management team for complaining about wage theft. The wage theft was undisputed, as my client had properly filed a grievance on the wage theft issue through her union. That wage theft issue was resolved through the grievance process.
As a civil trial attorney, I understand better than most, the dog and pony show that a trial by jury actually is. Lawyers understand that adjudications on legal issues, such as motions, and appeals are about legal interpretations, i.e., “the law.” Lawyers also understand that trials by juries are about storytelling, i.e., “the facts.” Juries largely consist of non-lawyers with very little knowledge of laws and how they work. Therefore, the legal analysis happening during jury