Virtual Depositions Are Here to Stay

April 27th, 2021|

I recently participated in a roundtable on the topic of virtual depositions for the Minnesota Chapter of the Federal Bar Association’s Class Action, Mass Tort, and Multi-District Litigation Practice Group. The panelists, which also included magistrate judges and practicing attorneys, discussed our experiences with this remote format. As it turned out, many of the experiences were positive: For instance, not having to fly around the country for just a few hours of deposition; the reduced wear and tear on attorneys and their clients, not to mention the cost savings; parties’ increasing comfort with virtual depositions now that so many

Does judicial rehabilitation in voir dire about the insanity defense reduce juror bias? (April, 2021, Issue 3)

April 18th, 2021|

During voir dire, judges frequently attempt to rehabilite potential jurors who express an inability to be impartial. In an insanity defense case, jurors opposed to a not guilty by reason of insanity (NGRI) verdict are often asked if they can put aside their personal feelings about the insanity defense and base their decision on the evidence and the law. Crocker and Kovera (2010) examined whether judicial rehabilitative questioning during voir dire in an insanity defense case reduced the influence of juror bias on verdict judgments in a simulated trial...

Does judicial rehabilitation in voir dire debias jurors in civil cases? (April, 2021, Issue 2)

April 18th, 2021|

In civil cases, potential jurors often express concerns about plaintiffs' motives, corporate defendants, non-economic damages, the burden of proof, lawsuits, and the like. Judges often ask rehabilitative questions to jurors expressing these concerns about their ability to set aside their opinions and base their decision on only the evidence and the law in the case. Salerno and colleagues (2020) tested the effectiveness of judicial rehabilitation in debiasing potential jurors in three separate mock trial experiments based on actual civil cases litigated in an American court involving insurance bad faith, medical malpractice for an aortic rupture misdiagnosis, and medical malpractice for

What certainty do jurors require to convict a defendant? (April, 2021, Issue 1)

April 17th, 2021|

Jurors in criminal cases are instructed to find guilt when proven beyond a reasonable doubt. Jurors also are provided imprecise definitions of what constitutes reasonable doubt: an actual and substantial doubt, an abiding conviction, being firmly convinced, being morally certain, not wavering or vacillating, having no real doubt, causing a careful person to hesitate, and (tautologically) a doubt that is reasonable. Due to the imprecise nature of the reasonable doubt standard, the certainty jurors require of themselves to find guilt varies across jurors, cases and defendants. Conklin (2020) studied the certainty individual jurors feel is minimally necessary to find guilt

Hard Work

April 15th, 2021|

Always learning – that’s the reality of life, and in operating a business. A lesson learned many years ago happened when we hired a young woman as a research associate. She fit all of our hiring criteria for education, background, etc. She was attractive and well dressed. Her appearance was important to her as evidenced by her manicure. She didn’t work at Magnus long; she resigned, in part, because of the physical aspect of lugging our equipment around and setting it up. But, worse, she broke a fingernail when doing so! It occurred to us then that we needed to

5 Lesser-Known PowerPoint Features to Use in Your Trial Presentations

April 14th, 2021|

PowerPoint is a software with a deep end and a shallow end. It can be very powerful, but Microsoft has built it to allow novice users to create decently polished presentations without a huge learning curve. And because it was developed to appeal to a wide range of user abilities and familiarities, some of the tools most useful for frequent tasks applying to our litigation context are buried behind menus and settings, making them tough to find and tedious to get to for repeated use. So, to make your life easier as you build your next presentation, this blog will

Hiding behind Email

April 1st, 2021|

Prompted by my posts about “different direction” and “ghosting,” a related phenomenon is hiding behind email, especially as a way to deliver bad news. Maybe it is just me, but it seems a matter of professionalism and fairness that, if one asks someone else to do something like prepare a proposal for consulting services, the asker should be willing to talk with the proposal preparer after receiving it. Proposals are not free; there are real costs associated with them. Even if it’s only the paper on which the original is printed then scanned, there is a cost; sending a hard

Your Millennial Attorney CAN Be Your Hot-Seat Operator—But Should They?

March 30th, 2021|

Contrary to what feels like a running trend of Millennial-bashing, we’d like to go on record as saying that Millennials can frequently be extremely valuable, hard-working additions to your trial team. We’re sure many of our clients would agree, as we’ve gotten to work alongside quite a few truly impressive young trial attorneys. Their valuable Millennial skillset often includes an inherent grasp of technology and visual presentation – given that they’ve been using it nearly their entire lives. As a result, it’s reasonable to look at your young-gun attorneys and think, “Hey, they know how all this works! They can

How Does a Zoom Trial Work?

March 18th, 2021|

When considering your team’s technological capabilities and needs as your virtual (or semi-virtual) trial approaches, it’s critical to understand how that trial is going to vary from what you’re used to. A Zoom trial can be unfamiliar and overwhelming, even for those who consider themselves tech-savvy. Litigation Insights’ presentation technology consultants have assisted clients with numerous trials during the COVID-19 period and have a firm grasp on how Zoom trials tend to function. We also have the advantage of having leveraged streaming and video-conference software in courtroom applications since long before the pandemic. So, we wanted to offer our experiences

Implications of Facebook’s Famous Emotional Manipulation Experiment

March 10th, 2021|

In January 2012, Facebook conducted a controversial one-week experiment with approximately 700,000 users in order to determine how the Facebook news feed influenced the emotional state of the users who were unknowingly used as Facebook’s lab rats. An article in The Atlantic described the manipulation this way: “Some people were shown content with a preponderance of happy and positive words; some were shown content analyzed as sadder than average.” The study found that the manipulated news feed content influenced the users’ subsequent posts. More specifically, the study found that an increase in negative news items led to negative posts