Archives – Page 47 – The Red Well

Nuclear Verdicts: Part 1

August 13th, 2020|

Boom – the verdict is in and it is explosive, shocking everyone involved. These verdicts are referred to “nuclear verdicts,” with the implication that they are both large and unreasonable. I read about this phenomenon regularly. It is a trend that frightens one side of the “v.” – the defense side, and emboldens the other side, the plaintiff’s. It was not long ago that the term was “runaway verdict.” Regardless of the term, much is written about certain large verdicts, verdicts which, according to what is written, came as a surprise to the defendants. There are many explanations, including public

Considering Online Jury Research? Here’s What You Need to Know

August 8th, 2020|

Though many mock trials and focus groups have been put on pause in hopes of safely resuming to business as usual, we’re finding that some jurisdictions won’t be suitable for in-person research for quite some time. Yet, trial dates loom – with some already fast approaching – and we’ve received several inquiries about online jury research options on the grounds that something may be better than nothing. Indeed, online jury research is a valid option that can provide worthwhile results; but before deciding to move your research to a virtual format, it’s important to be aware of its strengths

How Federal Patent Tutorial Video Influences Jurors

August 7th, 2020|

Originally published in Law360, August 4, 2020 The COVID-19 global pandemic has led to an unprecedented backlog of cases, and, as a result, courts are considering ways to alleviate the pressure on the system. Last month, the judge in the U.S. District Court for the District of Delaware case Shire ViroPharma Inc. v. CSL Behring LLC asked the parties to consider the use of a bench trial in their patent dispute.[1] Given the increasing delays and growing backlog, such requests will likely become more common. As parties consider this request in patent litigation, it is important to understand how both

Jury Selection During COVID: Tips for Creating Useful Supplemental Juror Questionnaires

August 6th, 2020|

By Thomas M. O’Toole, Ph.D. This past week, King County Superior Courts in Seattle, Washington laid out their plans for the resumption of civil jury trials. In an effort to avoid having large groups of jurors in the same place, jury selection will be conducted mostly over Zoom, which is a fascinating development that should cause many to rethink their jury selection strategy. However, the court has also noted that it intends to rely on the expanded use of supplemental juror questionnaires, though the parameters will likely vary from case to case and judge to judge. We have seen a

Meaningful Corporate Actions: Juror Attitudes Toward Corporations in the Time of COVID-19 – Part 2

August 4th, 2020|

As the COVID-19 outbreak progressed, the public eye focused in part on corporate actions: How were corporations responding to the weak economy? How were they treating employees who could no longer work in-person? Were they doing anything to help in the fight against the virus? Not only have news stories and social media posts concentrated on corporate actions, but there are many people actively keeping track of what companies have done – the good and the bad. In fact, Litigation Insights’ recent national survey of jury eligibles1 discovered that roughly 43% report they are keeping track of companies’ positive and

The Myth of Juror Rehabilitation

July 29th, 2020|

By Jill D. Schmid, Ph.D. Protests, COVID, health care, stimulus package, Trump, news (fake or otherwise), monuments, and on and on and on. This country is more divided than ever on nearly every subject. A recent PEW research poll conducted between July 13-19 shows that one’s political leanings (e.g., their political opinions) are an important factor for determining their beliefs about the severity of COVID with 85% of those Democrat or leaning Democrat believing it is a major threat to the health of the public, versus only 46% for those Republican or leaning Republican believing it is a major threat.

Concerning Corporations: Juror Attitudes Toward Corporations in the Time of COVID-19 – Part 1

July 28th, 2020|

I can understand why someone would come in predisposed against big corporations, because they are in the limelight more and more these days, with things like corruption from the higher-ups. I used to believe authority is always right. I trusted when I was younger – but I question everything now. In our mock trials, we’ve frequently heard mock jurors like the above question the motivations of corporate defendants. Now, in the midst of COVID-19, and the public looking for leadership in a crisis, corporations face even more scrutiny than usual. To track what jurors have heard in the media about

Recognizing the Emotional Volatility of Your Jurors

July 23rd, 2020|

By Thomas M. O’Toole, Ph.D. Yesterday, Seattle Public Schools announced that remote learning will continue indefinitely, meaning public school kids are not going back to school in the fall. A city-wide collective groan followed the announcement. While parents recognize the importance of protecting the health and safety of our community, they also recognize that it is incredibly difficult to have the kids at home every day while they are trying to work from home or manage other aspects of their lives. This is just one of the many tough realities that your jury pool is facing during the pandemic. Many

From Voir Dire to Verdict—Online Courtroom Project’s Demonstration Online Jury Trial Results are in!

July 16th, 2020|

July 16, 2020 Jeffrey T. Frederick, Ph.D. From Voir Dire to Verdict—Online Courtroom Project’s Demonstration Online Jury Trial Results are in! The Online Courtroom Project has just finished a comprehensive report on their two day online demonstration trial conducted on June 26th and 27th. With many courts struggling with significant case backlogs and balancing the health risks of holding in-person trials while continuing to provide access to our justice system, this report details how online jury trials can occur online. The report details the process of how we went about designing and testing an online trial, the obstacles we

How Can My Corporate Representative Battle Jurors’ Decreased Trust in Big Business?

July 16th, 2020|

Every year, Dictionary.com chooses a word of the year based on the current cultural climate and increased searches on its website. In 2018, the website chose the word ‘misinformation,’ to highlight increasing concerns regarding the spread of misleading or false information in the public sphere. When coupled with public opinion polls, the prominence of this term highlights a trend both in the United States and globally: People are trusting others less. And this lack of trust extends into many facets of everyday life. Trust in government is down. Trust in media is down. And trust in business is down. According